This complicated question of constitutional law is still being litigated today, and the answer depends heavily on the facts of your case. The experienced drug crimes defense lawyers at Ghanayem & Rayasam in Atlanta, GA, will fight to protect your constitutional rights if you were subject to a warrantless search and seizure.
Overview of Fourth Amendment Protections
At first glance, the answer to whether police can search your home or car without a warrant seems clear. The Fourth Amendment to the United States Constitution states that all persons, including undocumented aliens, have the right to be free from unreasonable searches and seizures in their homes and possessions. It generally requires law enforcement officers to obtain a warrant based on probable cause that describes the place to be searched and things to be seized. Taken together, the general rule is that the police cannot search your home or car for drugs without a warrant.
Understanding Exigent Circumstances and Legal Warrantless Searches
Despite the Fourth Amendment’s explicit protections, courts have created significant loopholes permitting warrantless searches and seizures. These are called ‘exigent’ circumstances. The most common exceptions Atlanta police use to seize drug evidence from homes and cars without a warrant include the following:
- Plain Sight/Smell: If a police officer is lawfully present in a place and clearly sees or smells drugs, he or she may conduct a warrantless search of the immediate area and seize the evidence.
- Emergency Aid: If officers find drugs while rendering emergency aid, such as after a car accident, they may generally seize this evidence without a warrant.
- Hot Pursuit: Engaging in a car chase when officers attempt to pull you over generally gives them grounds to enter the vehicle and arrest you without a warrant. During the arrest, they are also permitted to perform a ‘safety search’, which can yield admissible evidence of drugs.
- Destruction of Evidence: Officers may have the right to search for and seize illegal drugs if they reasonably believe you’re about to destroy or throw away the evidence.
While some exceptions are understandable, others fall into legally grey areas. An experienced drug crimes defense attorney might help you determine whether evidence was unlawfully seized in your case.
Getting Unlawfully Obtained Drug Evidence Excluded in Atlanta
Even if police claim an exception, the initial traffic stop must have been lawful. They may not racially profile you or search specific areas of your vehicle, such as your trunk, without reasonable cause. The same is true of your property. They may not enter your property ‘on a hunch’ or move trees to peer through your window without justification. In such cases, an experienced drug defense lawyer in Atlanta might help you get drug evidence excluded from consideration during trial under the exclusionary rule. This often results in the dismissal of all related criminal charges.
Atlanta Drug Crimes Defense Attorneys
In many cases, our lawyers can argue that the police violated your guaranteed constitutional rights when they seized drug evidence from your home or vehicle without a warrant. Discuss getting illegally obtained drug evidence excluded from trial with our experienced constitutional rights protection team today by calling (404) 561-0202 or connecting with us online.