It is no secret that state and federal prosecutors will use various tactics to prevail in each case they try, including federal drug cases. By working with an experienced and reputable New Jersey federal criminal defense attorney, you can rest assured that any intrusions upon your constitution criminal procedure rights are addressed and that your freedoms under the Fourth, Fifth and Sixth Amendments are upheld. If you are facing recent federal drug crimes or believe you are under investigation, contact a New Jersey federal criminal defense attorney right away.
A New Jersey Federal Criminal Defense Lawyer Explains Search and Seizure Rights
Seizure of contraband is pivotal in any federal drug crimes case. Without evidence of the alleged illicit activity, the U.S. attorney cannot make his or her case. Therefore, it is not uncommon for the Drug Enforcement Agency to be crafty in its attempts to search and seize contraband—a practice potentially contrary to the protections set forth in the Fourth Amendment to the constitution. Under this Amendment and its interpretive Supreme Court cases, authorities must normally obtain a valid search warrant or receive valid consent prior to entering private property or taking alleged contraband from a citizen. Your New Jersey federal criminal defense lawyer will review the warrant, if there was one, as it must be based upon truthful, verifiable probable cause and must contain explicitly detailed directions with regard to the areas to be searched. In other words, officials cannot enter a private home, armed with a warrant, and necessarily search any area they please. As your New Jersey federal criminal defense attorney will explain, if the warrant authorizes a search in the basement, authorities normally may only search the basement.
A New Jersey Federal Criminal Defense Lawyer Explains Possible Exceptions to the Warrant Requirement
The Supreme Court has developed a handful of exceptions to the warrant requirement. For instance, authorities do not need to obtain a warrant if there is reason to believe that doing so would result in the destruction of evidence. In other words, if it is likely that the suspect will flush or otherwise dispose of the contraband, law enforcement may be able to lawfully circumvent the warrant requirement. These situations are subject to challenge by a New Jersey federal criminal defense attorney, however, and any contraband seized unlawfully without a warrant will be suppressed from a subsequent trial and possibly could lead to dismissal of the charges before trial.
Contact a New Jersey Federal Criminal Defense Attorney Today
If you are facing federal drug charges, the worst thing you can do is discuss your case with law enforcement or the prosecutor, especially without your New Jersey federal criminal defense attorney present. To make an appointment, contact Tim Anderson today at 732-212-2812.