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Authorities must abide by specific protocol in drug arrests

by | May 21, 2021 | Drug Charges

Law enforcement officers must operate by the book. They, their supervisors and the prosecutors they partner with know this. If they do not abide by proper protocol, they may lose their case. This applies to any arrest, including those related to drug charges. There is no room in law enforcement for the “cuff ’em and stuff ’em” mentality accepted decades ago

Now, you find yourself the subject of a drug arrest. You wonder why authorities targeted you, searched your home or pulled your vehicle over on the street. Regardless, this happened, and you face an uphill battle in fending off these charges. One thing eats at you: Did authorities make a proper arrest?

Probable cause, reasonable search and seizure

You need an attorney who can focus on a criminal defense strategy that will help you either get the drug charges reduced or dismissed. And, if your case goes to trial, an acquittal is the goal.

Here are some of the crucial things to know regarding an arrest and how authorities must abide by specific rules:

  • A law enforcement officer must have probable cause to stop and search your vehicle or search your home. He or she needs a legitimate reason to do so such as suspecting there is criminal evidence present.
  • Reasonable search and seizure also is required. An officer must have a valid search warrant. However, if you give consent to authorities, they can search, too.
  • A law enforcement officer must abide by every aspect of the law during an arrest. If he or she does not, that works in your favor, and a judge may dismiss your case.
  • An officer must read you the Miranda rights, protecting you from self-incrimination while also advising you to right to retain an attorney.

Drug charges are serious and may lead to incarceration and a tarnished personal and professional reputation. Fighting such charges remains challenging. However, if authorities failed to toe the line and abide by the law, then their mistakes work in your favor.