For the police to lawfully conduct a drug search, they need probable cause. This means that law enforcement has reasonable suspicion to believe that someone has illicit substances. For instance, if an officer pulls over a drunk driver, they could have reason to believe the motorist had drugs on their person and can perform a search during an arrest. However, if an officer pulls someone over, and they have full use of their mental faculties, they might not have grounds to conduct a search.
If you’re facing drug charges, your lawyer could assert that police did not have probable cause to search you. A Houston criminal defense lawyer from Blass Law can fight for your freedom and pursue a “not guilty” verdict on your behalf.
Police Need Probable Cause for a Drug Search
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. Law enforcement generally needs a court-issued warrant based on probable cause to perform a search. However, there are exceptions to this rule, and certain circumstances allow police officers to conduct a drug search without a warrant.
Various grounds that may warrant a drug search include the following:
Consent
Per the Texas Penal Code, if a person willingly consents to a search, the police can legally proceed without a warrant. Consent must be freely given, and individuals have the right to refuse a search.
Reasonable Suspicion
If law enforcement has reasonable suspicion to believe that a crime has been committed or that there is evidence of misconduct, they may have grounds to perform a search without a warrant.
Exigent Circumstances
In urgent situations in which there is an immediate danger to safety, evidence destruction, or a risk of escape, law enforcement may conduct a search without a warrant, known as the “exigent circumstances” exception.
Search incident to Arrest
When someone is arrested, police may perform a search of their person and their immediate surrounding area (wingspan) without a warrant. This is conducted to ensure police officer safety and prevent evidence destruction.
Plain Sight
If law enforcement sees illegal substances or drug paraphernalia in plain view, they may have grounds to seize these items without a warrant.
When you entrust your case to Attorney Jay Blass Cohen, he can assess the details of your arrest and determine whether the police violated your rights. If so, he could move to have any improperly gathered evidence barred from trial, possibly weakening the prosecution’s case.
How a Criminal Defense Lawyer Can Defend You Against Drug Charges
When you hire Blass Law to handle your drug crime case, we craft your defense strategy based on the details of your situation. In pursuit of the best possible outcome, we may argue that:
You Didn’t Have Drugs on Your Person
Many convictions for drug crimes rest on proving you had drugs on your person, in your vehicle, or in your home. If there is insufficient evidence proving this fact, your criminal defense lawyer could move to have your charges dismissed.
There Were Problems in the Evidence’s Chain of Custody
Evidence in a drug crime case passes through many hands, from police officers to the district attorney’s office. If evidence gets damaged, tampered with, or destroyed, we could have that information suppressed in trial. As noted, this could weaken the case that the state has against you.
The Drugs Didn’t Belong to You
Suppose that you’re facing a drug trafficking charge. Per Texas Penal Code § 481.1123, you must knowingly have drugs in your possession to be convicted. If your lawyer could show that the drugs were planted or didn’t belong to you, this could affect how matters proceed.
You Were the Victim of Entrapment
Entrapment can occur when law enforcement entices or coerces you into committing a drug-related crime. Here, your defense would allege that if not for the pressure of another party, you would not have committed an offense.
The Police Didn’t Read Your Miranda Rights
The police must read your Miranda rights clearly and in a language you understand while making a lawful arrest. If the police didn’t read your rights, and you admitted something incriminating after your arrest, your lawyer could move to have those statements disregarded.
Why Entrust Your Case to Blass Law’s Criminal Defense Attorney
Our founder, Attorney Jay Blass Cohen, has advocated for people facing the criminal justice system since 2009. In that time, he’s secured favorable outcomes for drug crime defendants––winning cases that even other attorneys shied away from. Jay’s more than a lawyer; he is certified as an ACS-CHAL Forensic Lawyer-Scientist and in forensic chromatography for both alcohol and drugs.
When you entrust Blass Law with your case:
- We make sure that your case’s evidence is admissible. Often, prosecutors try to use evidence that was improperly gathered when aiming to convict people. We can assess all pieces of information and ensure they were lawfully collected.
- You benefit from our years of experience. Our law firm has secured favorable outcomes for more than 15 years. In that time, we’ve handled everything from appeals to federal cases.
- You get an advocate who understands forensic testing for drugs, and blood tests/Breathalyzers. Some police officers rely on the results of tests to make arrests and search motorists’ cars for drugs. Jay can review the results of such tests and determine whether they truly represented your state of mind at the time of arrest.
Our team puts your future first. Don’t go through the criminal justice process alone. Instead, entrust your case to our team and focus on navigating this challenging time.
Contact Blass Law Today for Your Initial Consultation
If you were arrested for a drug crime, and you believe the police violated your rights, you could benefit from entrusting our criminal defense team with your case. Attorney Jay Blass Cohen can evaluate the details of your arrest and craft a defense strategy based on his findings. Call now to learn more and get started.