If you’re facing criminal charges, it’s important to know about your rights and the protections you are afforded by federal and local laws. One of the most common causes of arrests is minor drug possession, and if you’re charged with a drug possession related crime you may have protections available to you. The Fourth Amendment protects individuals against illegal search and seizure, and if your charge stems from drugs or drug paraphernalia on you or your property, it may be your path to beating the charge.
Read on to learn more about the Fourth Amendment, how it protects you, and how an Indianapolis drug arrest attorney can help you to use it to your advantage.
When Can an Officer Perform a Search
The most simple way that an officer can perform a search legally is to receive a warrant for the search. A warrant will be very specific in the areas that it covers and can be legally searched. A drug arrest attorney in Indianapolis may be able to get items found outside of that warrant ruled inadmissible.
The police officer may be entitled to search you without a warrant in some situations. These include any evidence gathered while searching you for weapons or dangerous items, evidence in open sight when the officer approaches, and any evidence found as a result of investigating another crime the officer is entitled to pursue. An Indianapolis drug arrest attorney can help you determine if the evidence gathered was obtained legally.
What to Do if Your Fourth Amendment Rights Were Violated
If you believe that your fourth amendment protections were not followed, then you need to contact an Indianapolis drug arrest attorney. Your attorney can help you to determine if any of the evidence being used against you was gained illegally and have it thrown out, then help you to create the best possible defense for your case. If you’ve been arrested for drug charges in Indianapolis, contact Potts Law to schedule a FREE consultation at (317) 951-0087 OR fill out the online contact form.