The police must follow due process when conducting a search and seizure. Otherwise, it may amount to an unlawful search, which is a violation of your constitutional rights. The Fourth Amendment protects you against arbitrary searches by law enforcement.
Although there are some legal exceptions, the police need a legally valid search warrant or sufficient probable cause to conduct a search of you or your property. An illegal search may significantly impact the direction of your drug charges, even if the police obtained crucial evidence against you while at it.
Illegally obtained evidence may not be admissible in court
Evidence obtained unlawfully or in violation of your constitutional rights may be excluded from your trial. This follows a successful motion to suppress, usually filed before your trial begins. The unlawfully obtained evidence will not play a part in the prosecution’s case against you if a judge grants the motion.
For instance, if the police stop and search you without reasonable suspicion and confiscate contraband, such evidence may be deemed inadmissible in court if you are charged with possession.
The exclusion of evidence may weaken the prosecution’s case against you, and it can be difficult to prove your guilt to the legal threshold required for a conviction. As a result, your case could be dropped or charges reduced due to insufficient evidence.
Your defense is key
The process of excluding evidence from your case is legally complex, even when everything seems straightforward. Without the proper knowledge of the law and rules of evidence, you may miss it. Therefore, it is best to have experienced counsel to help you assess the circumstances of your case and advise on the most viable defense to the charges you face.
