In all drug crimes cases, law enforcement officials will be looking for evidence to prove that you are engaged in unlawful activity. Sometimes it is very easy for law enforcement officials to prove that you are involved in criminal activity. However, in many cases, law enforcement officials must conduct their investigations based on tips and information from someone else. Without any concrete evidence that proves your involvement in a drug crime, they cannot conduct an arrest or charge you with any crimes. In order to obtain the evidence they need, they may wish to conduct a search of your home or property. However, in order to conduct any type of search they must have a valid search warrant issued from the court. Without a valid search warrant, any evidence obtained during the search will be deemed inadmissible in court.
Search and Seizure Laws
The 14th Amendment to the United States Constitution protects individuals from unlawful search and seizure. The amendment states:
“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.”
Under this law, law enforcement officers do not have an automatic right to search you or your home. In order to conduct a search, the police must obtain a court-issued warrant. In addition, police officers must have reasonable cause to search you or your property. Without a warrant and without reasonable cause, a police officer will not be able to conduct a lawful search. If an officer collects any evidence during a search, but does not have a valid search warrant, then all evidence that has been collected will be thrown out of court.
Contact Me Today!
If you have been arrested on drug charges in Atlanta, it’s crucial that you contact an experienced Canton DUI attorney right away. Police officers only have one reason to search your property, and that is to find evidence that proves you are guilty. I can review your case, and make sure none of your constitutional rights have been violated. If I find that a police officer violated search and seizure laws, he will not hesitate to make it known to the court and motion to have any unlawfully obtained evidence thrown out.