A drug possession conviction can carry serious criminal penalties in Massachusetts. Depending on the amount of the drug and the substance in question, a possession charge could be a felony that results in a lengthy state prison sentence. Of course, you have the right to zealously defend yourself against any criminal charge.
Probable cause is a key part of a defense in many drug possession cases. If alleged drugs were discovered during an illegal search—meaning the police lacked probable cause—they may be excluded from a court case.
Here, our Massachusetts drug crime lawyer provides a comprehensive guide to the most important things that you need to know about probable cause.
Police Officers in Massachusetts Need a Warrant or Probable Cause to Conduct a Search
State and local police officers in Massachusetts must respect and uphold the rights enshrined by the Fourth Amendment. They are prohibited from conducting an unreasonable search.
In many cases, a police officer must obtain a judicial warrant before they search a person or their property. That being said, not every search requires a warrant. If law enforcement officers have a reasonable belief, based on specific facts and circumstances, that a crime has been or is being committed, they may have “probable cause” to search.
Nate Amendola Defense has years of experience getting cases dismissed for illegal search and seizure, we’re well aware of how invasive and potentially traumatic these experiences can be for our clients.
For drug possession charges, a police officer might act on probable cause if, for example, they smell the strong odor of a controlled substance emanating from a vehicle.
Alternatively, they may act based on a reliable tip about drug activities in a specific location. However, mere suspicion or a “hunch” does not qualify as probable cause. When police officers lack a judicial warrant but conduct a search anyway, they will often claim that they had probable cause.
However, police officers do not get to make the final determination. That is a legal issue to be decided in court. If you were subjected to a body cavity search that may have violated your Fourth Amendment rights, you need a drug possession attorney in Massachusetts to advocate on your behalf.
The Fourth Amendment to the United States Constitution protects the right “of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
It is one of the most important constitutional protections for people facing criminal charges in Massachusetts. In effect, the amendment was designed to ensure that the government—most notably law enforcement officers—cannot arbitrarily invade individual privacy.
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An Example of an Illegal Search in a Drug Possession Case
Imagine that a police officer in Plymouth County spots a car parked at a local park. Without observing any suspicious behavior or illegal activity, the officer approaches the car and asks the driver to roll down the window.
Without asking for consent or having any reasonable suspicion, the officer then tells the driver to step outside of the vehicle. A full search for contraband is conducted. Given the circumstances, this search could be challenged in court on the grounds of lack of probable cause. Any evidence of a crime that was found may not be admissible in court.
Your Remedy Against an Illegal Search and Seizure: The Exclusionary Rule
Unfortunately, Fourth Amendment violations happen far too frequently. What happens if you are being subjected to an illegal search by police? The answer is not to physically resist the search.
Doing so could lead to additional criminal charges. Instead, you need to address the matter through the formal legal system. This is where the Exclusionary Rule comes into play. It is a legal principle that ensures that evidence obtained through an illegal search or seizure is not admissible in court.
For drug possession cases, the exclusionary rule can be especially crucial. Imagine a situation where law enforcement conducts a search without a warrant or probable cause and, allegedly, finds illegal drugs in Massachusetts.
If the search is deemed unreasonable, any evidence discovered—including illegal drugs—could potentially be excluded from the case. An experienced Massachusetts drug charge lawyer can help you exercise your rights through the exclusionary rule.
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A Motion to Suppress Evidence Should Be Drafted By a Massachusetts Drug Crime Lawyer
Here is a challenge that you might face if you have been arrested on drug possession: How do you get illegally obtained evidence thrown out of court? Technically, prosecutors are not supposed to introduce that evidence in the first place.
However, the reality is that you will need to take proactive measures to protect your rights and your interests. You should be represented by an experienced Massachusetts drug possession lawyer. Your attorney can draft a motion to suppress illegally obtained evidence.
A motion to suppress evidence is a formal request made by a party―most often, the defense—in a criminal case to exclude certain evidence from being introduced and considered by the judge or jury at trial.
It is a legal document based on the argument that the evidence in question was obtained in violation of the defendant’s constitutional or statutory rights.
A motion to suppress is generally the best strategy to address an illegal search and seizure without probable cause. If granted, a motion to suppress can result in the exclusion of unlawfully obtained evidence.
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Exclusion of Illegally Obtained Evidence Could Lead to Dismissal of Drug Possession Charges
What happens if illegally obtained evidence—such as drugs—is excluded from a criminal case? In most drug possession cases, the charge may not be able to move forward at all.
The prosecutor may effectively have no choice but to dismiss the charges. Though, to be clear, they are not required to do so based on the suppression of evidence. A successful motion to suppress simply gets illegally obtained evidence removed from your case. If the prosecutor still has sufficient alternative (admissible) evidence, the charges may still move forward.
Schedule a Confidential Consultation With a Top Massachusetts Criminal Defense Lawyer
At Nate Amendola Defense, our Massachusetts drug possession attorney has the professional skills and legal expertise to take on the full range of drug possession charges.
Have questions about probable cause or illegal search and seizure in Massachusetts? We can help. Contact us right away to set up your fully private, no-obligation case review.
With a law office in Norwell, we defend drug possession charges in Cape Cod and Barnstable County, Plymouth County, and throughout the south shore of Massachusetts.
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