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Charged with Drug Possession? Defending Your Rights In the News

Search & Seizure and Your Rights

Are you the victim of an illegal search and seizure?

Under the Fourth Amendment to the United State Constitution, American citizens are protected from illegal search and seizures by law enforcement. In order for a warrant to be granted, probable cause must exist. While a law enforcement officer may suspect the presence of illegal activity in the case of drug crimes, for example, there can be no action in terms of a search and seizure unless there is sufficient evidence to indicate that such a crime is occurring. Failure to abide by this constitutional right can allow illegally obtained evidence to be suppressed, which could render a case impossible to prosecute.

Illegal search and seizure can occur in a variety of different ways. One common example of an illegal search and seizure is when a law enforcement officer conducts a traffic stop and has a suspicion with regard to drug possession without any indicators that a crime was being committed. If drug paraphernalia or the presence of drugs is not observable, then the officer has no right to conduct a search and seizure. In large-scale drug operations, law enforcement could acquire a search warrant with false information or other violation, or engage in a search without a warrant. This type of illegal act can quickly neutralize the impact of criminal charges.

Search and Seizure: Protect your constitutional rights.

Search and seizure violations are a powerful tool in any criminal defense strategy as if it can be proven that a search was conducted without probable cause, or if law enforcement took illegal action in order to obtain a warrant, this will shake the integrity of the entire case. At Seltzer Mayberg, LLC, we have are focused on effectively defending a wide range of drug crimes and should analyze your case immediately to determine of you are a victim of a violation of your constitution rights. Whether your illegal search and seizure was related to possession, transportation, smuggling, cultivation and manufacture or other drug offense, we have the skill to provide the most aggressive and effective defense possible , and are available 24/7 to discuss your case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.