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Minnesota Drug Crimes Defense Lawyer: Can The Police Do A Drug Search?

WHAT’S IN THE FOURTH AMENDMENT?

How familiar are you with the Fourth Amendment? The U.S. Constitution’s Fourth Amendment gives us protection against any searches and seizures that may be unlawful. When the courts are involved, the courts will balance your Fourth Amendment rights to the privacy you have against reasonable interest and safety. The judge in court will ultimately decide whether or not the Fourth Amendment can be applied to your situation. However, there are a few important factors that must be taken into consideration, including the following:

  • Why was there a search?
  • Who performed the search?
  • What was the location of the search?
  • Who received the search?

When a search is taken place, the police must be reasonable. The general rule of thumb is that there should be a warrant for a search or a seizure in order for it to be seen as a reasonable search or seizure.

WHAT IF THERE IS NOT A WARRANT?

As mentioned above, a search and a seizure will be considered reasonable when there is a warrant. However, a search and seizure can also be considered reasonable under certain conditions when a warrant is not present. The importance or worth of a criminal investigation will have to outweigh the rights and privacy that the person has. The Fourth Amendment will also offer outstanding protection for the search of one’s home, and as a result, a warrant is more likely to be used when a home search needs to take place. A public search may not need a warrant if there is a probable cause and it is deemed as reasonable.

Here are a few situations in which a warrant will not be required:

  • When there is a life or death situation
  • Weapons need to be seized
  • The evidence is clearly visible
  • A police officer feels that someone is armed and needs to be searched or patted down
  • The individual consented to the search

Do you know what you would do when you are stopped by the police? You have more protections than you may realize. Under the Fifth Amendment, you do not have to answer any questions from law enforcement or government officials. However, it is important to know that sometimes silence can give the law enforcement officials the reason to suspect you are innocent. This is why it is important to know when you should answer and when you should not answer.

If you are ever stopped by the police and you are suspected of drug use, they will generally require that you submit a breath sample, blood sample, or urine sample. If you do not agree to the testing, you can face a very strict penalty that you may not face if you agree to the testing. However, we certainly recommend that you call a Minnesota drug crimes defense lawyer.

If you are ever arrested, you should not feel afraid to ask the police officer why you are being arrested. You do have the right to remain silent and speak to your attorney before you are ever questioned. Contact us today for a consultation of your case.