Fourth Amendment Violations in Drug Possession Cases

 Posted on December 16, 2023 in Drug Charges

The Fourth Amendment protects citizens from unlawful searches and seizures. Police officers are not impervious to the law, and evidence that is found unlawfully cannot be used against you. Unfortunately, it may not be clear that evidence was illegally obtained. 

That is why knowledgeable representation is crucial. If you have been charged with drug possession, your first step should be to contact a Frisco drug possession attorney.

What Rights Are Granted in the Fourth Amendment?

The Fourth Amendment pertains to searching a person or their property. The Fourth Amendment to the U.S. Constitution states that citizens have the right against unreasonable search and seizure without a warrant being issued or the presence of probable cause.

Probable cause is not always straightforward. Probable cause is established when law enforcement bases the facts of a case on “reasonably trustworthy information.” This reliable information would give a person of reasonable intelligence cause to believe that a crime has been committed.

Examples of Fourth Amendment Violations 

Common examples of Fourth Amendment violations include:

The Police Did Not Have Probable Cause

Grounds for probable cause must exist before a police officer can search you. There are certain exceptions, such as when evidence is about to be destroyed, if a police officer is in “hot pursuit” of a suspect, or if you committed a crime in front of the officer (exigent circumstances). 

Albeit, in drug possession cases, this is often not the reality. If no probable cause exists, the search is considered unlawful.

The Drugs Were Not Readily Visible

Under the Plain View Doctrine, a police officer can conduct a warrantless search of your home or car if drugs are in plain sight. If this is not the case, then the officer has violated your constitutional rights.

The Police Did Not Have Your Permission to Conduct the Search

A police officer may claim that you gave permission for the officer to search your home or your car. If this is not the case, then the evidence has likely been illegally acquired.

Besides the evidence that was illegally obtained, any evidence that was obtained as a result of the illegally obtained evidence cannot be used either. The law that extends inadmissible evidence to include subsequent evidence is known as the fruit of the poisonous tree doctrine.

A Collin County drug possession attorney will complete their own investigation to determine if law enforcement followed the correct procedures in obtaining evidence in your case.

United States vs. Jeffers

If an officer conducted a search without a warrant or probable cause, then the evidence that was discovered may be inadmissible at trial. A prime example is the Supreme Court case of United States vs. Jeffers, in which law enforcement searched the defendant’s hotel room for narcotics after being tipped off by a hotel patron that Mr. Jeffers had “some stuff stashed” in his room. 

The authorities found narcotics in his room, but the Supreme Court ruled that the search was in violation of the defendant’s Fourth Amendment rights. The evidence was unusable; no warrant was issued, probable cause had not been established, and no exigent circumstances existed.

Charged for Drug Possession? Contact a Frisco, TX, Drug Possession Attorney Today

Law enforcement can overstep boundaries to make an arrest, sometimes believing that it does not matter how evidence was found. If you have been arrested or charged for drug possession, our Collin County, TX, drug possession attorneys are here to help. Contact Law Offices of Biederman & Burleson P.L.L.C. today online or by calling 469-333-3333 to schedule your free consultation.