Evaluating Illegal Search And Seizure Issues In Drug Crime Defense
Many drug cases rest on the procedures leading up to the arrest–especially drug possession cases. Police always believe they made a clean arrest, respecting the accused’s constitutional rights. The truth is, every arrest is unique in some way, and one of the most powerful tools a drug crime defense attorney has is to examine every detail and the procedures in the investigation. A strong criminal defense involves more than the ability to go to trial. Fighting the evidence and challenging the prosecutor begins long before trial. It is critical in your drug crime defense that you work with a defense lawyer who is willing to do the hard work to present a strong defense.
We all have many constitutional rights. When police search a person, car or home, there are rules they must follow. Similarly, when police seize evidence, there are rules. The constitution says:
“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.
The popular media loves to characterize constitutional challenges as some kind of “technicality.” There is not necessarily how our system works properly. When police violate a person’s constitutional rights, that is not a mere technicality. It is an unlawful act. The law recognizes that we are all innocent until proven guilty. It is vital to protect these constitutional rights and concepts.
Holding Police Accountable For Illegal Drug Raids And Illegal Stops
At The Law Office of Jessica Koester, LLC, we analyze each case for Fourth Amendment violations, asking these key questions:
- Was a home, apartment or place of business searched without a warrant, probable cause, consent or emergency?
- Was a vehicle subjected to search and seizure without probable cause?
- Were arrests made on warrants of probable cause?
- Did a search and seizure at a public school violate the rights of the accused?
- Are there flaws in the chain of custody of the evidence after its seizure?
- Are there flaws in a warrant to challenge its validity?
The actual list of question may involve many key issues that arise under the unique allegations in each case. It is also important to know that the Fourth Amendment includes the so-call warrant requirement. It may not be enough to search the file for the existence of a warrant. Your drug charge defense lawyer may need to review the allegations in the warrant, and may decide to challenge the validity of the warrant.
Search And Seizure Issues In Drug Crime Defense Are Complex
The area of search and seizure is complex and evolving, and includes precedents embedded in a substantial number of prior cases. No ordinary citizen can expect to be “up” on the minutiae of search and seizure law. But East St. Louis criminal defense attorney Jessica Koester is respected throughout southern Illinois for her knowledge of the law and her skill in applying it to client cases. She understands the nuances that may arise, and pursues every avenue to protect the rights of clients.
Notably, most people feel that a criminal trial is the only aspect of a criminal defense. Drug crime defense lawyer Jessica Koester is a strong trial attorney — one who actually takes cases to trial, when necessary. A strong criminal defense, however, begins far sooner than any trial date.
Free Consultations For Anyone Facing Serious Drug Charges In State Or Federal Court
If you want a lawyer who will fight for your constitutional rights, call Edwardsville drug crime defense lawyer Jessica Koester at 618-307-4192, or write to her using the online form.