Search and Seizure Laws in a Drug Case

San Diego Drug Defense Attorney

The method and means in which law enforcement locates, collects, and processes physical evidence may have a significant impact on the outcome of a drug crime case. Under the Fourth Amendment to the U.S. Constitution, citizens are offered protection from "unreasonable" search and seizure by law enforcement. To make a lawful search and seizure, law enforcement must have a valid search warrant or probable cause. This may be established by the warrant or if the officer has sufficient reason to believe (more than simply a "hunch" or suspicion) that the individual has committed or is committing a crime.

Drug crime cases in particular are significantly impacted if it is discovered that the defendant was the victim of an unlawful or unreasonable search and seizure, because drug charges are primarily based upon the physical evidence (the drugs themselves, or drug paraphernalia.) If a criminal defense attorney successfully discovers that the evidence was discovered or obtained in violation of the defendant's constitutional rights, he or she may file a motion to suppress this evidence. Evidence obtained in an unreasonable search and seizure cannot be used as direct evidence against a defendant in criminal court.

Unlawful Search and Seizure - San Diego County Drug Charges

Do you believe that you may have been the victim of an unlawful search and seizure? Your lawyer may be able to ensure that the prosecution's key evidence is excluded, and this can result in lessened charges or possibly the dismissal of your case altogether, in some situations.

At Superior Law Center, we understand and apply our knowledge of our clients' constitutional rights in order to use the legal system in their favor. We will thoroughly investigate each client's case in order to determine whether they were subjected to an unreasonable search and seizure, and will use this to their advantage.

Contact our firm today for the skilled representation of a San Diego drug crime lawyer that you rightfully deserve.