Drug Possession Defenses

Whenever a person is charged with the crime of illegally possessing a drug or narcotic, by their very nature, these cases give rise to numerous issues relating to whether the evidence was obtained by law enforcement in violation of a person’s 4th Amendment Protections against unreasonable searches and seizures as guaranteed by the Bill of Rights to the U.S. Constitution. If law enforcement violates the law with respect to an unreasonable search and seizure contrary to the 4th Amendment, a person accused of a crime can file a Motion to Suppress evidence.

If the Court rules that law enforcement seized the evidence illegally; then the evidence is suppressed. It cannot be used against the accused in their trial. In addition to 4th Amendment Search and Seizure issues, a person charged with illegally possessing a drug may also have other legal defenses which, if raised, may make it difficult for the prosecution to gain a conviction. Therefore, just because you are arrested and charged with illegally possessing a drug, it does not mean that you will be found guilty. Your Criminal Defense Attorney will be able to review the facts of your case and determine if you may have certain legal defenses such as:

  • Was the initial stop by law enforcement conducted illegally?
  • Was the subsequent search of the drugs or paraphernalia conducted illegally?
  • Were any statements obtained by law enforcement in violation of your Miranda Rights?
  • Were there drugs or paraphernalia in your constructive possession only?
  • Were there any legal defects in the warrant used to search your home, apartment, or automobile?
  • Is there an entrapment defense?
  • Is there an alibi defense?
  • Is there an identity defense?

A thorough analysis of the facts is needed to determine whether any of the above defenses or others may be viable in your case.