Pursuant to the Fourth Amendment of the U.S. Constitution, law enforcement personnel cannot conduct illegal searches and seizures. Several laws stem from the Fourth Amendment including those related to search warrants, safety inspections, stop-and-frisks, wiretaps, and surveillance.
Any evidence gathered during an illegal search and seizure is inadmissible in court. That means if a police officer found drugs in your possession during an illegal search, that evidence might be thrown out, which could lead to your charges being dropped or dismissed.
Arguing that an officer conducted an illegal search is just one of many possible defenses against drug charges. There are numerous statutory and constitutional defenses that may apply to your case regardless of actual guilty or innocence. If you would like to discuss potential defenses that apply to your specific case, contact Leader & Leader P.A.
Michael D. Leader is a criminal attorney in Fort Lauderdale who will investigate your arrest, gather evidence, and relentlessly fight for a positive outcome for your case. Call 954-523-2020 today to schedule a free initial consultation.
What Constitutes Illegal Search and Seizure?
Just because you did not give an officer permission to conduct a search of your property does not necessarily mean that the search was illegal. For example, a police officer can conduct a search without your consent if a judge has issued a search warrant, and under certain circumstances, police can search your property with neither your consent nor a warrant.
Your Fourth Amendment rights apply when you are in a place where you have a reasonable expectation of privacy. There is a two-part test that the U.S. Supreme Court uses to determine if a person had a right to privacy when the police conducted a search. The test consists of two questions:
- Did the suspect actually expect a degree of privacy in the setting?
- Would a reasonable person have expected the same degree of privacy in the same setting?
If you use a public restroom, for example, you can expect a degree of privacy, and it would certainly be a reasonable expectation. If an officer stops your vehicle for a traffic infraction and decides to search you for drugs without any reason or justification, that would probably be deemed improper and/or unlawful. If you are stopped and the officer has reasonable suspicion to search or probable cause as a result of noticing notices drugs or drug paraphernalia in plain view, the officer would have the right to search your vehicle. Likewise, if a drug sniffing dog is outside of your car during the time that it takes to issue you a citation and alerts to the presence of narcotics, that may not be a winning issue for you but if the dog came after the reasonable time to write the ticket, that should be an issue you can use to win your case.
Search and seizure laws only apply to illegal searches conducted by government employees. If, for example, a security guard searched your vehicle and found illicit drugs, the guard could theoretically turn them over to the police, and the evidence may be admissible in court. According to the National Criminal Justice Reference System, there is no single body of law that establishes what security guards can and cannot do, so if your case involves a security guard, contact a criminal attorney to discuss your situation.
Michael D. Leader is a criminal defense lawyer in Fort Lauderdale who will aggressively represent your interests. Mr. Leader will make himself available 24 hours a day, seven days a week to answer your questions and address your concerns. Schedule a free consultation today by calling 954-523-2020.
