Each year thousands of people face drug crime charges in Illinois. But, as some of our readers may know, not all arrests lead to a conviction. The burden on prosecutors to prove a case is high – “beyond a reasonable doubt.”
However, if you have been arrested for drug crime charges after a search, you may not even get to that point if you focus on your constitutional rights. Why? Because if your constitutional rights were violated, the charges may be dismissed.
Unreasonable search and seizure
The Fourth Amendment protects people from “unreasonable search and seizure.” In essence, this means that law enforcement officials must have a valid reason for conducting a search of a person’s home, automobile or even their body and clothing – “probable cause” – and the preferred method is for law enforcement officials to obtain a search warrant prior to executing the search in question. There are many, many ways in which a person’s constitutional rights could be violated during a search and seizure effort by law enforcement officials.
Because these cases are so dependent on the physical evidence, search and seizure is an essential part of any case involving drug charges. The U.S. Constitution places limits on the ability of the police to search people. These issues are not “technicalities,” as some people would have you believe. They involve essential rights.