Crimes involving the possession of drugs or drug paraphernalia often hinge on whether the search that led to finding the drugs or paraphernalia was actually legal. Anyone accused of drug possession will want to seek assistance from a drug defense lawyer in Kutztown PA to see if the search was illegal and, therefore, the evidence is inadmissible in court.
Checking the Legality of a Search
There are three main types of searches: at home, in a vehicle, or of a person. All of these searches can be legal or illegal depending on the circumstances, and most people don’t know the finer details that help determine if a search was actually legal. Basically, if the drugs are in plain view, they can be seized for evidence. If the drugs are not in view, they need to be found during a legal search.
The search is legal if the accused allows the search, if the officer has probable cause to believe there are drugs, or if the officer has a warrant for the search. Searches can also be legal if the vehicle is being towed to the police impound lot, as there needs to be an inventory of all items in the vehicle. The search may not be legal if the officer, for instance, did not have permission to search a vehicle or have probable cause but decided to search the vehicle anyway.
Suppressing the Evidence From Court
A lawyer who has determined the search was illegal will next work to have the evidence suppressed. This means it cannot be used in court against the client. If the evidence cannot be used in court, it’s likely the person will not be convicted, as the drugs found are often the only evidence in a drug possession case. The suppression of evidence, therefore, may lead to the charges being dismissed before the trial begins.
If you’ve been charged with possession of drugs or drug paraphernalia, make sure you speak with a Drug Defense Lawyer in Kutztown PA right away. They’ll review the facts of your case to determine if there is any chance the search itself was illegal or if there’s any other way to suppress the evidence and have the charges dismissed. Visit us website now to learn about other ways the lawyer can help.