Drug Arrests and Search and Seizure
The Fourth Amendment prohibits police officers from engaging in unlawful searches and seizures. In terms of drug related cases, this is often the pin under which your entire defense hinges.
The question as to the legality of the evidence obtained can impact whether or not you are able to avoid criminal consequences. If it is proved that the police violated your rights, then the evidence cannot be used in court. If the evidence is not used, there is a very high chance that state may have to drop the case. This is why it is important that you understand what is an unreasonable search and seizure in a New York case.
The Supreme Court says that warrantless searches and seizures could be deemed reasonable if the circumstances of the situation dictate that getting a warrant is impossible. For this reason, issues such as plain view, consent, automobile exceptions, search incident to arrest and accident circumstances protect officers who engage in a search and seizure. However, this is a legal grey area and one that may cause to consult directly with an experienced criminal defense attorney.
If the police officers overstepped their bounds and violated your rights in the process, you may have grounds to use this in your own legal defense. It is important that you take action to protect yourself immediately because there are so many things on the line for your future. If you avoid the potentially catastrophic consequences of being accused and convicted of a crime, it may be difficult or impossible for you to recover from this.
A criminal record may follow you for many years to come, and it’s especially unjust if you are worried about conviction when the police violated search and seizure rights. Only your lawyer can help to protect you when you’re facing charges.
Your employment opportunities may be affected by a criminal record and you may be responsible for dealing with other penalties that you did not expect. Even when you are being accused of a crime or arrested for one, the police cannot violate your rights. If you think this has happened in your case, you need to share this information immediately with your experienced Brooklyn criminal defense lawyer.