What Are Some Examples Of Inadmissible Evidence In A Drug Case?
When facing drug charges in Rockland County, it’s easy to feel like the evidence is stacked up against you. However, some of this evidence may be inadmissible in court, and it’s important to consider this possibility before making any hasty decisions. Prosecutors may be pressuring you to plead guilty despite knowing full well that their evidence will not stand up to scrutiny during a trial. This is yet another reason to consult with a qualified, experienced criminal defense attorney in Rockland County to determine the most appropriate course of action.
Planted Evidence
Police officers have been caught planting drugs on people on numerous occasions. This is a relatively common event in the criminal justice system, and many people are probably in prison today because they had drugs planted on them by corrupt police officers. While most police departments would never admit to such misconduct, numerous officers face legal consequences each year. Many others continue these activities without ever being caught. That being said, it is possible to expose these acts and highlight planted evidence.
Evidence Arising from Illegal Searches
Illegal searches can never lead to admissible evidence. If the police officers committed any misconduct in initiating or justifying their search, any drugs that they discover cannot be used against you in court. Police officers may also discover other evidence in these illegal searches, such as paraphernalia or data from cell phones.
There are various examples of illegal searches to consider. One example might involve an illegal traffic stop. Police might also search your vehicle or home without a warrant. They might search your property without your consent. Remember, police also need a warrant to unlock and search your phone. To learn whether your search was illegal, you might consider a consultation with a defense attorney.
Lab Issues
Police officers and lab workers must handle drug evidence very carefully. There are certain chain of custody processes that must be followed. If the evidence’s path through this chain of custody becomes questionable, the evidence may become inadmissible. The logic here is that someone could have meddled with the evidence at some point. In other cases, lab workers fail to properly test drugs or accidentally tamper with the evidence throughout the testing process. There have been numerous lab controversies in the past that have led to thousands of drug cases being overturned with full acquittals.
Find a Qualified, Experienced Defense Attorney in Rockland County
If you have been searching for a qualified New City drug crimes lawyer, look no further than Phillip J. Murphy, Attorney at Law. We know that facing drug charges in New York can feel daunting, but your chances of a positive result may be higher than you realize. The most effective way to accurately assess your situation is to consult with a qualified, experienced criminal defense attorney. Book your consultation today to learn more and determine the most appropriate defense strategy.
Sources:
thecity.nyc/2022/12/13/edny-fbi-investigating-nypd-drug-planting-allegations/
ctvnews.ca/world/new-york-punished-2-000-prisoners-over-false-positive-drug-tests-report-finds-1.6667815