Most criminal defendants understand that they have constitutional rights that need to be protected as they face their initial hearing and go through their case, perhaps all the way to a jury trial. However, there is perhaps no area of criminal law where constitutional rights are threatened more than in drug charge cases. Why? Well, for the most part, it is because Fourth Amendment rights can be particularly important in drug cases, due to searches and seizures that necessarily occur to uncover illegal drugs.
Fourth Amendment law can seem like an ever-changing realm, but the main point of these constitutional protections is that no one should be subject to a search or seizure of their property unless a warrant is obtained first. A search warrant, for instance, must specifically detail the following: what law enforcement officials are looking for; where they are looking; and why they believe the illegal items are where they think they are.
If there are defects with a warrant, or there is no warrant, the right criminal defense approach can shine a highly scrutinizing light on any of the actions of law enforcement officials in the case and on the alleged evidence they uncover. Serious constitutional violations may result in a complete dismissal of a case.
At our law firm, we do our best to help our clients understand their constitutional rights and what is at stake in their drug charge cases. The nuts and bolts of the criminal justice system may start to seem “routine” for prosecutors and law enforcement officials, but at our law firm we understand that a person’s freedom and constitutional rights are on the line in every case. For more information, please visit the drug charge overview section of our law firm’s website.