So Police Found Drugs, But Was The Search Lawful?
When police find a bag of marijuana in your coat pocket or a rock of crack cocaine under your bed, it is easy to feel like you don’t have a chance. But, the primary question in any drug case is, “How did police find the drugs?” Drugs found in an illegal search or seizure may be kept out of consideration in your case.
The outcome of your case could hinge on your lawyer’s ability to determine and successfully argue whether a search and seizure was unlawful. In a recent case, we were able to have charges for possession and weapons offenses dismissed by showing that an unreasonable search violated the client’s Fourth Amendment rights.
The Law Office of Shawn C. Brown, PC, in San Antonio has handled hundreds of drug cases in South Texas and had charges dismissed in many of them based on an unreasonable search and seizure. If you have been charged with a drug crime, we will look for any violation of your rights that we could use to have the charges dismissed — and our lawyers know what they’re doing.
When we investigate the validity of a search, we consider factors such as whether:
- Police had a search warrant.
- The search warrant was obtained with sufficient probable cause
- There were errors in the execution of the search warrant.
- The drugs were found outside the scope of a warrant.
- There was probable cause to conduct a traffic stop in vehicle searches.
- Police had a reasonable suspicion of a crime to conduct a search of your person.
- Police had a valid reason to enter your home.
- You consented to a search.
Drug cases are not the only situation in which your search and seizure rights come into play. In Texas, police are now obtaining search warrants for blood draws after DUI/DWI traffic stops. Even if the result shows a BAC above the legal limit, you have options. We can attack evidence involving the stop, the search warrant and the validity of the test.
Never Consent To A Search! Call Us For A Free Consultation Instead.
You can refuse to consent to a search. You can and should call an attorney if police present you with a search warrant. If your person, car or home has already been searched, all is not lost. Talk to a lawyer at our firm to learn more. Your consultation is free.
POSSESSION OF MARIJUANA 0-2OZ – DISMISSED
Our client was arrested for misdemeanor Possession of Marijuana 0-2 oz. Attorney Bryan Orihel was able to show that there had been an illegal search performed by the officer. Due to this issue, the District Attorney’s office was forced to DISMISS all charges against our client.