The Fourth Amendment protects people from illegal searches and seizures. The issue is frequently litigated in Connecticut drug crime cases where the government seeks to introduce evidence of an alleged drug crime that was obtained illegally.
An experienced drug crime defense attorney can craft a Motion to Suppress Evidence that seeks to have unlawfully obtained evidence excluded from consideration. If the motion is successful, the prosecutor might face difficulties securing a conviction, which could lead to a favorable plea bargain or even dismissal of the case.
The Fourth Amendment regulates how law enforcement officers can collect evidence during a criminal investigation. Police and other law enforcement agents are only permitted to perform a search if they have a warrant supported by probable cause or when an exception exists that allows them to conduct a search without a warrant.
The US Supreme Court has established that police need a warrant to search a place where a person has a “reasonable expectation of privacy.” To obtain a warrant, law enforcement officers must convince a judge they have probable cause to believe a crime has occurred. If the judge agrees, the court will issue a warrant that identifies the specific location to be searched and the evidence the police expect to find there.
In certain circumstances, law enforcement officers can conduct a search without a warrant. In these situations, the State must show there were no less invasive means available to prevent the destruction of evidence.
If the police do not have a search warrant or the suspect’s consent and no exceptions to the search warrant requirement apply, the search was unlawful and any evidence obtained should not be considered.
A common issue in Connecticut drug crime cases is whether the police violated the Fourth Amendment by performing an illegal search. The prosecutor can only present evidence of an alleged drug crime if the evidence was collected lawfully. Here are some ways the police might violate the Fourth Amendment when investigating drug crimes.
Before initiating a traffic stop, police must have probable cause to believe a crime occurred. The police officer must be able to identify a specific reason they pulled a driver over, such as an observed traffic violation or suspected criminal activity.
To lawfully search a suspect’s vehicle, the police must have a search warrant or the driver’s consent. In some cases, they may rely on an exception to the search warrant requirement.
If law enforcement officers violate these rules, the search is unlawful and the court should exclude any evidence that was obtained illegally.
Police must follow strict rules when searching a home or office. They generally need a warrant supported by probable cause that specifies the location to be searched and the items they expect to find and seize.
The police violate the Fourth Amendment when the search exceeds the scope of the warrant. For example, suppose the search warrant allows the police to search the living room of the house, but they also searched the garage, where they discovered illegal drugs. Because they exceeded the scope of the warrant by searching the garage, the drugs they discovered should not be considered as evidence.
Similarly, the police cannot intimidate a suspect into allowing them to search an area that was not covered by the warrant.
The Fourth Amendment also prohibits police from using evidence derived from an illegal search. Suppose the police illegally searched a suspect’s home and found evidence they believe shows the homeowner was selling drugs. They cannot then use the illegally obtained evidence to request a warrant to search the suspect’s garage for evidence they were manufacturing drugs.
An unlawful search and seizure happens when police or other law enforcement officers violate the Fourth Amendment. Fourth Amendment violations are a frequent issue in Connecticut drug crime cases where law enforcement agents conduct a search without consent or a warrant, exceed the scope of a warrant, or when exceptions to the Fourth Amendment prohibition against illegal searches and seizures do not apply.
If you were charged with a drug crime and believe the police violated your Fourth Amendment rights, Connecticut drug crime defense attorney Stephen Lebedevitch can help.
Mr. Lebedevitch has over a decade of experience defending people charged with drug crimes. He can explain what to do if you were charged with a drug crime and will work to have the charges dismissed or to reduce the severity of the penalties you could face.
The Lebedevitch Law Firm is based in Fairfield, Connecticut, and defends people charged with drug crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
Contact The Lebedevitch Law Firm today to schedule a confidential appointment to discuss your situation.
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