Drug arrests often occur because of a police search or a police hunch. If the police suspect illegal behavior is taking place, then they often have the probable cause needed to search a person or a car.
In a recent Illinois case, a Chicago man was arrested on drug charges after being searched by police. According to police, they saw the man driving a vehicle. One of the police officers had apparently dealt with the man before and knew that he did not have a driver’s license, so they pulled him over. At this point, the police claim that they searched the man and found illegal drugs. Police allege that they found a bag containing a powder that tested positive for cocaine on the man. Furthermore, the police say the car contained a bag of marijuana.
This man could likely face serious penalties because of the charges. He will want to present an aggressive criminal defense to ensure that he was treated fairly in all his interactions with the police.
In fact, all those facing drug charges should make sure that their constitutional rights have been upheld. One of these fundamental rights includes protections against unlawful searches and seizures. For example, in many cases police need a search warrant before they can search a person or the person’s property. Without a search warrant, the search could be illegal.
In order to obtain a search warrant police need probable cause that illegal activities have occurred. They also need to carefully list what they are searching and where they are searching. Once they have obtained a search warrant, the search needs to be limited to the scoop of the warrant.
If police do not follow these rules, evidence that is collected, such as drugs, can be eliminated from court. Without this evidence, prosecutors may not be able to get a conviction.
Source: The State Journal-Register, “Chicago man arrested on drug charges,” May 2, 2013