Can You Beat a Cocaine Trafficking Charge if the Search Was Illegal?
A cocaine trafficking charge can turn your life upside down. In Florida, the offense of cocaine trafficking is taken very seriously. This crime carries minimum mandatory prison sentences and hefty fines. Depending on the quantity of drugs involved, a conviction could even result in life in prison without parole. But what if the evidence the prosecution has against you was seized illegally? Can you beat a cocaine trafficking charge if the search that exposed the drugs was unlawful? It’s possible to have unlawfully obtained evidence excluded from the case, reducing the likelihood of a conviction and even resulting in a case dismissal. This article discusses what makes a search illegal and how an unlawful search can impact your cocaine trafficking case.
What Is an Illegal Search?
The U.S. Constitution gives you the right to be free from unreasonable searches and seizures. Usually, for the police to conduct a search and seizure, they must either have a warrant signed by a judge or magistrate or probable cause to believe that a person, place, or vehicle has criminal evidence. If the police conduct a search and seizure without a warrant or probable cause, or if they exceed the authorized scope of search and seizure, it may be considered unconstitutional. This is a critical factor in drug cases, including cocaine trafficking cases, as most of the evidence used in these cases comes from searches and seizures.
However, there are instances when a search and seizure can be conducted without a warrant or probable cause. They include the following;
- If you voluntarily give consent to a search
- If you are arrested, an officer can search you for dangerous items
- If the evidence is in plain sight of the officer and the officer is legally on the premises
- Exigent/urgent circumstances, such as preventing physical harm to others or preventing the destruction of evidence
- If your vehicle is impounded, the police can conduct an inventory search of its contents
How an Illegal Search and Seizure Can Impact Your Cocaine Trafficking Case
If the evidence in your cocaine trafficking case was obtained through an illegal search and seizure, for example, if an officer searched your car without a warrant, consent, or probable cause, this could be grounds for your defense attorney to file a motion to suppress the evidence. This motion asks the court to throw out evidence from your case that was obtained by illegal means. If the court approves this motion, the prosecution may lose access to critical evidence such as the cocaine itself, drug paraphernalia, and other incriminating items. Without this evidence, the prosecutor may be unable to proceed, leading to;
- A reduction in the severity of the charges
- A dismissal of the charges
- A favorable plea deal
While it is possible to challenge an illegal search and seizure, doing so requires a thorough understanding of the law, criminal procedures, and the facts of your case. This is where an attorney comes in. An experienced Florida criminal defense attorney can evaluate the details of your arrest, identify constitutional violations, and build a strong defense.
Contact an Orlando Cocaine Trafficking Lawyer
If you are facing cocaine trafficking charges in Florida, contact our skilled Orlando cocaine trafficking lawyer at Joshi Law Firm, PA for help.
Source:
law.cornell.edu/wex/unreasonable_search_and_seizure
