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How can the Fourth Amendment affect drug charges?

How can the Fourth Amendment affect drug charges?

The Fourth Amendment of our U.S. Constitution protects citizens from unlawful searches and seizures. While you’ve probably heard that before, we’re going to dig a little deeper and explain how this amendment can affect criminal charges, such as drug charges.

Not only does the law prevent police from subjecting you to unlawful searches, it protects you from the police using unlawfully seized items as evidence against you. The degree of protection offered by the Fourth Amendment depends on several factors, such as the nature of the arrest or detention, the circumstances under which the search occurs and the characteristics of the place that is searched.

In most cases, a valid search warrant is needed to search a residence or commercial building and the warrant must specifically state what the police are looking for. An arrest warrant is needed to seize an individual, unless there is probably cause to believe he or she committed a crime.

If your Fourth Amendment rights are violated, then any evidence obtained illegally cannot be used against you. In other words, that evidence must be thrown out. In addition, if an arrest was made that violated the arrestee’s Fourth Amendment rights, then he or she cannot be held on those charges — not matter what the evidence might show.

At the Law Offices of James E. Crawford Jr. & Associates LLC, we understand how the Fourth Amendment can be violated, and we want to ensure that your rights are protected. We strive to provide a strong defense strategy to fight drug charges, including closely looking at how evidence was obtained and the arrest was made. To learn more about your Fourth Amendment rights and how those rights can apply to drug charges, please visit our Drug Offenses webpage.

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