If you are facing drug charges, one of the most important things to consider is whether the police had probable cause to search you. Probable cause means that the police reasonably suspected that you were engaged in criminal activity. If you’ve been arrested and charged with a drug crime, it’s essential to consider that the police may not have probable cause to search you in the first place.
What constitutes probable cause?
A few things can give the police probable cause to search you. One of them is if you are acting suspiciously. If you are behaving in a way that makes the police think you might be up to something, they may have probable cause to search you. Another thing that can give the police probable cause is if they see drug paraphernalia in plain view. This could be something like a drug pipe or needles. On top of that, they may also have probable cause if they smell drugs from your direction.
What if they searched you without probable cause?
If the police searched you without probable cause, then any evidence they obtained from that search may not be admissible in court. This means that it cannot be used against you in your case. If the evidence gets thrown out, it can often lead to the charges getting dropped entirely.
Note that they may have a search warrant
In some cases, the police may have a search warrant. This means that they have permission to search you and your belongings. If the police have a search warrant, they do not need probable cause to search you. However, there are still restrictions on what they can and cannot do.
This is why it is essential to know your rights and to assert them if you feel that you have been wrongfully searched. If you are facing drug charges, take your time to review the specifics of your case and determine whether or not the police had probable cause to search you.