In New Jersey, and across the United States, people charged with drug possession may benefit from understanding the charges against them. One common defense involves proving that police illegally searched the defendant’s car, home, or property. These searches are illegal without search warrants.
Illegal searches and constitutional rights
It is only legal to search property if the drugs are in full view. Searching property featuring concealed drugs is illegal unless the searcher has a search warrant. This rule follows the Fourth Amendment to the United States Constitution. Courts typically dismiss evidence based on illegal searches.
Drug possession based on easy access
Possessing drugs does not necessarily mean that a person has drugs in their possession. Even though this may seem odd, the law views drug possession as something a person can easily access. So, a person who faces a drug possession charge must know how to discern the complete legality of the situation by using knowledge of criminal law.
Discrepancies in crime analysis reports
A certified crime laboratory must analyze drugs found in a person’s possession. Legal drugs can look similar to illegal narcotics. The detailed analysis provides evidence regarding whether the defendant possesses an illegal drug or a legally prescribed medication. Nonetheless, crime lab analysis reports can contain errors. Even so, lab reports provide useful criminal defense tools.
The importance of proper defense
Proving that a person does not possess illegal drugs requires extensive legal knowledge. This knowledge may result in a positive outcome instead of a negative conclusion. Anyone faced with drug possession charges may fare better if they know how to interpret the law.