Thomas & Paulk Articles Drug Possession & Illegal Searches

Drug Possession & Illegal Searches

By Thomas & Paulk  Oct. 11, 2010 1:58p

How an Illegal Search May Affect Drug Possession Charges

Under the Fourth and Fourteenth Amendments to the U.S. Constitution, Americans are protected from unreasonable searches and seizures by state and federal law enforcement agents. To conduct what is considered a lawful search of one’s person or property, law enforcement must first establish probable cause. This may be accomplished by obtaining a valid search warrant from a judge, by gaining the defendant’s permission to conduct a search or by observing or reasonably establishing that a criminal offense is presently being committed. This is simply a basic description of one’s rights in regard to searches and seizures by law enforcement. This area of law may be complex and will vary depending on the particular circumstances surrounding the search and seizure. For this reason, it is important to discuss your unique situation and concerns with an attorney.

Criminal charges for drug possession are typically based upon physical evidence recovered from the defendant or his or her property. As such, the manner in which drug evidence was discovered, collected and processed will play a crucial role in the outcome of a case. If the defendant was the victim of an unreasonable search and seizure by law enforcement, this may give the criminal defense lawyer grounds to file a motion to exclude drug evidence from court proceedings. Fourth and Fourteen Amendment right violations may offer a defense lawyer a viable strategy to challenge drug possession or other criminal charges, significantly weakening the government’s case against a defendant.

At Thomas & Paulk, we are highly experienced Tampa criminal defense attorneys who understand the ins and outs of search and seizure violations and how these affect drug charges. If you are interested in discussing your case with a legal professional who can offer you honest information and straightforward guidance when you need it most, please call us at 813-321-7323 or contact us online.

Other Recent Articles

Argument over Show Dog Leads to Arrest

A man was arrested recently in connection to an ongoing dispute involving a show dog. R.L. was involved in a civil dispute concerning a female Bedlington Terrier that was actively being shown in ...
More Articles »

Woman Arrested on Suspicion of Theft and Fraud

A woman was arrested recently after allegedly attempting to cash a stolen check at a local bank. According to reports, the woman, J.C., had pulled into the drive-through banking lane farthest from the ...
More Articles »

Florida Sentencing Policies Create Longer Prison Terms

According to the Florida Department of Corrections, drug offenders sentenced to prison terms under current Florida sentencing policies are serving a significantly longer time behind bars than at any ...
More Articles »
(813) 321-7323
217 N. Howard Avenue Suite 100
Tampa, FL 33606

Office Hours:
7 Days a Week 24 hours a day-

Main Website:
View Website
Contact our office by email or phone instantly by clicking the options below: