The consequences of a drug crime conviction may be devastating. If you are found guilty, you could be facing years in prison, substantial fines, and probation or parole restrictions upon your release. The collateral consequences, including the potential loss of child custody or visitation rights, or the suspension of your professional license, could continue to haunt you years after you have completed your sentence.
Fortunately, when you are facing drug crime charges, you have the right to present a compelling criminal defense strategy to clear your name. One of the most common defenses used to challenge drug crimes is Fourth Amendment violations. If your constitutional rights were violated, the charges against you could be reduced or dismissed altogether. Here is more about what rights the Fourth Amendment gives you and how violations of these rights could lead to your release.
Your Rights Under the Fourth Amendment
Under the Fourth Amendment, you are granted certain protections involving unlawful searches and seizures by law enforcement officials and the government. These include:
- Police and investigators must have a warrant before searching your property or home unless you give your consent
- Police must provide probable cause to obtain a search warrant
- Police can only search your home without a warrant if there are “exigent circumstances” or if they observe criminal activity in plain view with probable cause
It is important to note that police can conduct searches and seizures without a warrant if the search is incident to a lawful arrest or there is an imminent danger or threat present as described by the United States Courts. Any evidence obtained during an unlawful search and seizure can be suppressed which could help get your charges reduced or dismissed.
Fourth Amendment Violations in Indiana Drug Cases
It may be difficult to prove your Fourth Amendment rights have been violated when you are accused of committing a drug crime. You might believe that police had a warrant or not be aware of the fact that your home or property was searched. It is important to review the circumstances surrounding your arrest and the investigation into your alleged drug crime to determine whether your Fourth Amendment rights were violated. Some examples of potential Fourth Amendment violations could include:
- Police seizing evidence that was not in plain view or readily observable
- Police conducting an unlawful search after you refused to consent to the search
- Conducting an unlawful search and seizure without search or arrest warrants
- Law enforcement officials exceeding the scope of the search warrant by searching areas that were not included or seizing evidence that was not in plain view
- Conducting an unlawful search and seizure without probable cause
- Police continuing an unlawful search after you had withdrawn your consent for a search
Fourth Amendment Violations Could Help Your Drug Defense
If your Fourth Amendment rights were violated at any point while investigators or prosecutors were working on your Indiana drug case, the charges against you could be dismissed. If evidence was unlawfully obtained, your criminal defender may be able to get this evidence suppressed at trial. If the prosecutor was relying on this evidence to secure a conviction, they may have no other choice but to dismiss your charges. You will need powerful supporting evidence to prove that your Fourth Amendment rights were violated if you hope to use this defense to dodge a conviction.