The criminal justice system in the United States recognizes that those accused of violating the law are entitled to certain fundamental rights. For example, defendants in criminal cases must be presumed innocent until proven guilty (beyond a reasonable doubt). Moreover, the criminal proceedings must adhere to several rules and regulations to ensure that the verdict is fair. Someone accused of committing a crime has the right to defend themselves against the allegations by enlisting legal representation.
If you have been arrested for drug possession charges in Los Angeles County, your first step should be to contact a highly skilled and experienced criminal defense lawyer to discuss the details of your case. Your attorney will begin by assessing the circumstances of your arrest to determine whether the arresting officers subjected you to an unreasonable search and seizure or other violations of your constitutional rights. If your criminal defense lawyer identifies potential violations of your 4th amendment rights, you may be able to dispute the validity of the charges against you. No matter what the specifics of your case may be, you can rely on your highly qualified Los Angeles County criminal defense attorney to identify and prepare the strongest and most effective defensive strategy to keep your future as bright as possible. This post will explore how understanding your Fourth Amendment rights can help you spot potential violations and empower you and your attorney to push back against drug possession charges in Los Angeles County.
What Does the 4th Amendment Right Protect?
First, it’s important to understand what the Fourth Amendment right is designed to protect. The original text of the Fourth Amendment to the U.S. Constitution reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In other words, citizens may not be searched without probable cause to do so. For example, an officer may not barge into your home without a valid warrant and start opening your drawers or moving from room to room looking for drugs or drug paraphernalia. However, there are certain factors that may allow an officer to perform a search without a valid warrant. If an officer suspects that you are engaging in drug-related activities and they are conversing with you at your front door, they may not force you to let them enter your home without a warrant. But, if there are drugs within plain view of where the officer is standing, this allows them to proceed with a search.
The Fourth Amendment also protects individuals from unreasonable searches and seizures when traveling by car or foot. An officer may not pull a driver over for no reason and start searching the vehicle for drugs or prohibited items. However, if an officer pulls you over for a traffic violation and has reason to believe that you are under the influence of drugs or alcohol, they may use this reasonable suspicion to justify a request to search your vehicle for evidence of drug activity lawfully. You may wonder, does drug testing violate the Fourth Amendment? In many cases, the line between a lawful search and an unreasonable search and seizure can be razor-thin, so enlisting the guidance of a knowledgeable and experienced Los Angeles County criminal defense attorney is critical to ensuring that your legal rights remain intact at every turn.
Recognizing Fourth Amendment Violations in Los Angeles County
As a resident of California, you have the right to enjoy a legitimate expectation of privacy that shields you from unlawful searches and seizures at your home, hotel room, tent, or tarp. Moreover, this legitimate expectation of privacy applies to your cell phone, computer, electronic storage devices, and personal property that public school students bring to school. Over the years, courts have determined that citizens do not have a reasonable expectation of privacy for property that has been abandoned, contents of stolen vehicles, or property inside of a vehicle (if you are a passenger and do not own the vehicle or the property within the vehicle). Additionally, there are times when a criminal defense attorney may challenge the validity of a search and seizure that was authorized by a search warrant.
Challenging a Search and Seizure Conducted With a Warrant
Just because an officer provides proof of a search warrant does not always mean that the resulting search and seizure is reasonable or lawful. In some cases, the warrant itself may be defective or invalid, rendering any evidence inadmissible. For instance, an officer may knowingly misrepresent the facts of the case to justify the warrant, which is a version of police misconduct that leads to invalid or inadmissible evidence. In other instances, the warrant may not be specific enough about the area to be searched, causing the officer to gather evidence that falls way beyond the scope of the warrant. If you have reason to believe that these instances apply to your case, discuss your options with your Los Angeles County criminal defense lawyer to identify the most strategic path forward.
How Your Defense Lawyer Can Fight Drug Possession Charges
If Los Angeles County law enforcement has subjected you to an illegal search and seizure that has led to drug possession charges, your experienced criminal defense attorney can employ various strategies to combat the validity of these charges. Victims of unreasonable search and seizures have the right to request that any evidence obtained through illegal searches be “suppressed,” meaning it cannot be used against them during the criminal proceedings. Your attorney can file a motion to suppress evidence, and the granting of this request may prompt the charges against you to be reduced or dismissed altogether. No matter what the circumstances of your case may be, reach out to a skilled and dedicated drug crimes attorney today to start preparing your defensive strategy.
If you are facing a drug crimes charge in Los Angeles County, reach out to an experienced and highly qualified criminal defense attorney right away to start exploring your legal options. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a dedicated and knowledgeable criminal defense lawyer.
