Countless individuals are arrested and accused of serious drug crimes throughout the United States each year. But that does not mean these accused individuals are ultimately found guilty. Indeed, every accused person has the right to a defense and they will remain "not guilty" or "innocent" until the prosecution successfully proves – beyond a reasonable doubt – that they committed the alleged unlawful act. Until this occurs, if you're facing drug charges, you'll be able to initiate a variety of strategies to defend yourself.Here is one possible drug crimes defense strategy called the defense of "unlawful search and seizure":
Police need to follow important rules and guidelines when enforcing the law. One of these rules relates to the need for a suitable reason for pulling someone over and performing an investigation. Imagine you were driving your car, police pulled you over and found drugs in it. Or, imagine police pulled you over for driving through a red light, but there was no reasonable evidence to suspect you could have drugs in your car. They would not have any valid reason to perform a search.
If the police don't have a viable reason to pull you over – or if they don't have a reason to suspect you of committing a drug crime – it's unlawful to search you and any resulting drug charges could get thrown out, even if you had actual drugs in your car.
The "unlawful search and seizure defense" won't work in all cases. Therefore, it's vital to review the unique facts that surround your arrest and drug allegations before you decide which defense you're going to use during the litigation of your alleged drug crimes case.