What If Drugs Were Found in an Illegal Search?

Blischak Law November 5, 2023 Blog

When the police search your car or home, you may be horrified when they approach you about the presence of drugs in your home. However, you may also be upset that your home was searched illegally. You may feel that your privacy and freedoms have been breached. Certain rights should be protected no matter what is found in your home.

So what happens when the police find evidence through an illegal search and seizure? Determining when you have faced an illegal search, what evidence can be used in court, and how to build a strong defense are key to protecting your future. Reducing the penalties of or avoiding a drug crime conviction can be difficult, But the right legal team can help you mount a strong defense.

The Fourth Amendment and Search and Seizure

The Fourth Amendment protects all residents of the United States from illegal search and seizure. But what does this mean for you when you are pulled over, or the police show up at your door?

The Fourth Amendment states that the police must have probable cause to search you or your property. Probable cause refers to reason to believe that you are committing a crime, whether that be a misdemeanor offense or a felony crime.

For example, if you were driving erratically and speeding, the police could pull you over for the probable cause of driving under the influence. However, if the police pull you over for a broken tail light, but they then search your car and find drugs, they may have committed an illegal search.

When Can I Be Legally Searched?

One of the most common ways to be legally searched is for the police to have probable cause. This can be found in many ways, but it generally includes any reasons that lead the police to believe you are committing a crime. However, this is not the only case where you can be legally searched.

You may also be illegally searched if the police have a warrant. In these cases, the police have the court’s support to search for evidence listed in the warrant. You can also consent to a search. If you allow the police to search you, it can be difficult to claim they did not have grounds for a search.

The police can also legally search you if they say pressing situations require a certain seizure. For example, the police may claim you were trying to remove or destroy evidence, and intervening was the only way to protect that evidence.

Can Evidence from an Illegal Search and Seizure Be Used in Court?

If you believe that the police illegally searched you or your property and that the search provided them with evidence, be sure that you speak with your attorney as soon as possible. In these cases, using that evidence may be unconstitutional, meaning that evidence cannot be used against you in court.

When your future, finances, and freedom are on the line, any evidence removed from the case can be vital. If the evidence found in an illegal search is the only evidence against you, this can even lead to dropped charges. However, each case is different, so you may need to contact a defense attorney about these specific details of your case.

Build a Strong Defense with a Defense Attorney

Unfortunately, you may have been the victim of an illegal search that left you embarrassed, afraid for the future, and facing serious drug charges That can change your life. When this happens, know that you do not have to accept the charges and the illegal actions taken against you by the police.

You can instead seek out a criminal defense attorney at The Blischak Law Firm to help you build the best defense possible for your case. Our attorneys understand how devastating drug charges can be, and we are prepared to help you deal with evidence against you and represent you in court. When you are ready to learn more about these options, call or fill out our online contact form.