If you have been arrested for a drug crime, you could be facing an extensive prison sentence, not to mention fines and other penalties. Without a drug arrest attorney in Indiana, you may have difficulty fighting your charges. An Indiana drug arrest attorney can defend you against charges and may be able to reduce your penalties, or even have the charges dropped entirely.
Did Police Have a Warrant?
According to the U.S. constitution, you have the right against unlawful searches and seizures. An officer is not allowed to enter your home to search without a warrant or probable cause. Likewise, officers cannot search your personal property without reason. You either have to give them consent or they have to have a warrant. When an officer presses drug charges for substances that he or she found illegally, the evidence may be thrown out before they can go to court.
Did the Police Find Drugs During the Traffic Stop?
In a traffic stop, the laws are a little different. When driving an automobile, it can be considered an exception to the Fourth Amendment protections. If pulled over by the police, the officer has to have a reason for his or her suspicion. There has to be some kind of evidence that any reasonable person would also see as suspicious. Just ask any drug arrest attorney in Indiana, if the officer did not have any reason to suspect drugs, he or she cannot search your vehicle without your permission. If an officer can smell the substance or sees paraphernalia in plain sight, however, he or she may have enough reason to search your vehicle.
When it comes to search and seizure laws, it is not always black and white. This is why you must discuss your case with an Indiana drug arrest attorney. For more information, contact Potts Law at (317) 951-0087 or fill out the online contact form.