As you likely are already familiar with, the Fourth Amendment to the United States Constitution is crucial in upholding citizens’ rights. This is especially true in the context of drug-related crimes, as this Amendment specifically grants protection from unreasonable searches and seizures. For the police to lawfully conduct a drug-related search in New York, they must have probable cause. Essentially, this means that law enforcement officers need reasonable suspicion to believe that an individual has illicit substances. If you are facing drug charges in New York, it’s in your best interest to enlist the help of our determined Garden City, NY, Drug Crime Attorneys, who can help you understand your rights and craft a robust defense strategy. Please continue reading to learn what grounds law enforcement officers need to conduct a drug-related search in New York.
What Grounds Do Police Need for a Drug-Related Search?
As mentioned above, the Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that for police to lawfully conduct a search, they must obtain a court-issued warrant based on probable cause. However, exceptions to this rule and specific circumstances allow law enforcement officers to conduct a drug search without a warrant. Various circumstances may warrant a drug search:
- Consent: If an individual willingly consents to a search, law enforcement officers can legally proceed without a warrant. However, consent must be freely given and not coerced. Keep in mind that you have the right to refuse a search.
- Exigent circumstances: If there is an immediate danger to safety, evidence destruction, or a risk of escape, law enforcement officers may perform a search without a warrant.
- Search incident to arrest: When an individual is placed under arrest, law enforcement officers can search the individual and their immediate surrounding area without a warrant. This is permitted to ensure law enforcement officers remain safe and prevent evidence destruction.
- Plain sight: If law enforcement officers see illegal substances in plain view, they may have grounds to seize these items without a warrant.
At KCS Law, we understand the severity of drug charges. If you are facing drug charges in New York, please don’t hesitate to contact our legal team, who can effectively represent your needs and explore all legal means to achieve the best possible outcome for your case. If you believe your Fourth Amendment rights have been violated, we can file a motion to suppress evidence, possibly leading to critical evidence being ruled inadmissible in court. This can significantly impact the outcome of your case, potentially leading to charges being reduced or even dismissed.
