How Do Search and Seizure Laws Affect Drug Crime Cases?
It is all too common for the war on drugs to take precedence over civil liberties and privacy rights. The Fourth Amendment of the U.S. Constitution places limits on the power of police officers to make arrests and conduct searches. If you have been arrested on drug charges in Los Angeles, it is important to understand your rights. If your rights were violated during a search or investigation, it may be possible to have evidence dismissed.
According to the Fourth Amendment, “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.”
The Fourth Amendment protects individuals from unreasonable searches but it also allows search and seizures that are reasonable. The police may override your privacy concerns and search your person, home, office, or vehicle if:
- There is probable cause to believe that they will find evidence that you committed a crime and a judge has issued a search warrant.
- The particular circumstances justify the search without a warrant being issued.
- You are aware of your rights and gave consent for the search.
