According to the United States Constitution and the Fourth Amendment, we as citizens can be free from unlawful searches and seizures. That means if law enforcement came into your car, your backpack, or your house, and they did not have a search warrant or probable cause, and they seized the drugs illegally, because of their illegal search, ultimately with the help of a criminal defense lawyer, your case can be dismissed.
What Issues Can Arise?
There are a couple problems along the way. Firstly, many times that person that was searched gets arrested. That means, even if it was a bad search that ultimately results in the case being dismissed or interceded, the person is arrested and charged.
It also means that a lawyer needs to explain to a prosecutor or a judge or a jury that the search was illegal. Once the judge determines that the search was illegal, that means under the fruits of the poisonous tree doctrine, anything seized and taken by law enforcement cannot be admitted into evidence.
For example, if the cops seize a kilo of cocaine or a pound of marijuana illegally, that marijuana cannot be introduced into evidence, and the case more likely than not would be dismissed. If you have been a victim of any legal search on your person, your car, or your home, it is important to talk to a seasoned criminal defense lawyer. They will explain your rights and how that illegal search will ultimately result in your case being dismissed.
