Legal Issues with “Drug Busts”: What You Need to Know
When the police conduct a drug bust, people arrested during the bust or linked to it may have some legal trouble ahead. Fortunately, a few common issues that come up during drug busts could help these people develop defenses in criminal court.
- Did the Police Have a Proper Warrant, and Did They Follow It?
Often, drug busts happen on very short notice, after the police get a tip. They may seek a warrant from a judge late at night, on the weekend, or extremely quickly. In their haste, the warrant may omit key information or be limited in scope.
When police execute a warrant during a drug bust, they must follow the warrant. If they search anywhere outside the areas listed in the warrant, items obtained during that part of the search could be excluded in court. For example, the warrant may allow search of only one room in a house, but the police end up searching the whole house. Or the warrant may allow a search of the house, but not the backyard shed across the yard. In addition, if the police improperly entered information into the warrant – such as by listing the wrong address – the results of the search could be excluded.
There are a few exceptions to the rule that police must have a warrant to conduct a drug bust on private property. If you have been arrested during a bust and want to learn more about the warrant requirement, contact a local criminal attorney.
- Did the Police Properly Make Arrests and Secure Evidence?
Second, in the flurry of the bust, the police may have made errors when arresting suspects and securing evidence. For example, the officers could have forgotten to read people their Miranda rights after arresting them. This could make any confession or information that the suspect provided to the police inadmissible in court. Or the police may have improperly secured evidence. In criminal cases, the chain of evidence establishes who had the evidence and when after it was collected at the alleged crime scene. If someone fails to document the chain or lets the evidence sit unattended, it may not be admissible in court.
A criminal lawyer can seek to suppress a confession or physical evidence at a special hearing in front of the judge. The laws surrounding suppression of evidence are complicated, so seeking legal help for this task is a good idea.
Charged with drug crimes after a drug bust by the police? Seek out a criminal attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now defends Oklahomans facing accusations of committing drug crimes. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.