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How the Fourth Amendment can help you in a drug charge

Facing a drug possession accusation can be a stressful situation. There are many possible defenses to drug charges, but it is important that the defendant in question is aware of these defenses so that they can apply them to their individual situation.

If you were subject to a search and seizure that led to a drug charge, it is vital that you understand your Fourth Amendment rights. This is because it is possible that these rights may lead to your charges being dismissed.

What is the Fourth Amendment?

In the Fourth Amendment of the United States Constitution, laws were put in place to prevent "unreasonable searches and seizures" from being imposed on citizens. Therefore, if you were subject to an unreasonable search and seizure by law enforcement officers, it may be possible for you to have evidence excluded from the case.

What counts as an unreasonable search or seizure?

An unreasonable search and seizure is defined depending on the location of the search. It also depends on the legal status of the law enforcement officer in regard to their presence on the property. For example, if the drugs were in a public place and in plain sight, it is unlikely that Fourth Amendment rights will be relevant for a defense. However, if a law enforcement officer forced themselves into your home without a permit, you may be able to defend yourself through the argument that your Fourth Amendment rights were violated.

In addition to the location and legal status of the search, a search and seizure may also be deemed unreasonable if there was no reason for suspicion in the first place. You may even believe that you were the subject of a search for a discriminatory reason. For example, you may think that you were a targeted subject of a search because of your race or nationality. These are not reasonable grounds for a search.

If you are worried about facing a drug charge as a result of an unreasonable search in the state of Maryland, it is important that you take time to learn more about your legal rights.

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