Bergen County Drug Possession Lawyers

Unlawful searches and seizures

The U.S Constitution’s Fourth Amendment provides that police cannot search anyone or seize them unless certain conditions are met. If those conditions are not met, then the accused has the right to demand that the evidence obtained during the search or seizure be dismissed – that it cannot be used in the criminal case. Additionally, the Supreme Court of the United States has held that any evidence obtained “through” the original illegal search or seizure also should not be used. In essence, if the original tree (search or seizure) was poisonous, then any subsequent fruit (new evidence) is also considered toxic.

The police’s right to search depends on the circumstances surrounding the search. Police are generally given more latitude to search a vehicle than they are someone’s home.

Our possession attorneys file motions to suppress evidence that was illegally obtained. In many cases, we have successfully persuaded a judge that the evidence was tainted by police misconduct.

Evidence can be illegally obtained if:

• • There was no reasonable suspicion to stop the accused

• • The search required a warrant, and there was no probable cause

• • It was clear someone else was in possession of the narcotics

Each case is different. Our drug crime lawyers contest all the assumptions police made to justify the search.