When the police approach you, your vehicle, or your home on suspicion of drug-related charges, it’s critical to understand your rights during these interactions. The police can only search your property without consent in limited situations, so familiarizing yourself with the laws in place to shield you is critical. If you have reason to believe you were the victim of an unlawful police search, it’s important to connect with Houston drug crime lawyers to explore your legal options.
When Can the Police Search Me for Drugs?
There are only a few instances in which law enforcement can legally search you for drugs. They must have grounds for these searches.
The first instance law enforcement can search you is if you consent to the search. If you do not provide consent, the police must petition for a search warrant. This means they obtain the legal right to search you and your property by requesting a warrant from a judge.
You’ll also find that if the police have reasonable suspicion that a crime has occurred, they have the right to search you and your property. Similarly, you’ll find that if you are arrested, the police are eligible to pursue a search of the person and area within their wingspan as a result of the arrest. This is done to prevent the officers from sustaining injuries or the defendant from destroying evidence.
Finally, you’ll find that if there is a substance in plain view, such as a bag of drugs on the floor of a vehicle, the police do not need consent to search the vehicle.
What Rights Are in Place to Protect Me?
As mentioned, the police need a warrant to search your property. For example, if you are stopped in your vehicle and the police ask to search your car, you can say no. The police must then try to get a warrant to give them legal permission to look inside your vehicle. If the officers do not obtain a warrant despite you refusing to consent to a search, it is considered an illegal search.
You should know that if the police conduct an illegal search and seizure of your property, working with an attorney is critical. They may be able to fight to have the evidence illegally collected against you deemed inadmissible in court. This can weaken the prosecution case against you. This is because an illegal search and seizure is a violation of your constitutional rights. The Fourth Amendment prohibits this action by police.
Do you have reason to believe the police violated your rights before charging you with a drug-related offense? If so, the dedicated team at the Sparks Law Firm, PC, is here to help. We understand how complicated these matters can be, which is why our firm is here to guide you. Connect with us today to learn how we can fight to protect your rights.