Search and seizure problems are quite common in Georgia drug cases. You are protected from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution, and law enforcement must have probable cause to conduct a search. If an officer illegally searches or seizes an individual’s property, any evidence found is inadmissible at trial and the charge will usually be dropped.
Another really common defense is to simply claim the drugs don’t belong to the defendant. This is a stronger strategy if there were multiple people present at the time the drugs were discovered. In this event, the burden of proof is on the State to show that the drugs actually belonged to the defendant.
Under the Fifth Amendment you have the right to remain silent- if law enforcement doesn’t read you your Miranda Rights, then anything you said (including things you said before you were read your Miranda Rights) is inadmissible in court.
Entrapment happens when a police officer pressures an individual to commit a crime that the individual would have been unlikely or unwilling to commit otherwise. This is a serious abuse of law enforcement power!
The State is legally required to scientifically prove with crime lab analysis that the substance in question is in fact an illegal substance such as cocaine or meth. Then the crime lab analyst is required to testify at trial that the substance is an illegal drug, and if the State is unable to provide this proof the case will likely be dismissed.
The State must prove the accused has specific knowledge that he or she actually possessed drugs. If there is a drug sales charge, the State is then required to prove the accused purposefully sold a particular drug. Without proof the charges will likely be dropped.
If the State no longer has possession of the drugs seized during the search, the charges will likely be dropped!
Call the Law Office of Lloyd J. Matthews today at (404) 642-7350 if you’re facing firearm charges! We can assist you and will be happy to do so.
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