When you are faced with jail or prison time as a result of drug charges, an attorney who has regularly advised and represented clients in criminal drug law matters can help you to achieve a cost-effective and timely resolution. To learn more, contact our firm to schedule a consultation and case evaluation with an experienced criminal defense attorney.
What You Need to Know When Charged with a Drug Crime
Essential Information from the Law Office of Bryan E. Cameron
If you have been arrested or are under investigation for a drug crime, you may be uncertain as to what your rights are and what the potential consequences may be. When do you have to consent to a search of your property? Will you face jail or prison time? Can your property be taken under forfeiture laws?
At the Law Office of Bryan E. Cameron, in Sayville, New York, we represent individuals throughout Long Island in both Nassau County and Suffolk County who face drug charges. We offer extensive, hands-on experience in criminal matters. Attorney Cameron served as a prosecutor for four years before opening his practice and was an assistant in the Narcotic Trial Bureau. We have handled the defense of thousands of criminal cases.
To learn more about our drug crimes defense, see our page on drug sales and possession charges. For a free initial consultation, contact our office or call us at 631-319-3487 (toll-free at 888-816-9087). We accept Visa and MasterCard.
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At the Law Office of Bryan E. Cameron, we defend people throughout Suffolk County and Long Island who have been charged with drug crimes, including sales and possession. With experience in the prosecutors' office, we understand how the state investigates and prepares drug cases and will make certain your rights are protected. Contact our office to set up a free consultation with an experienced criminal defense lawyer.
Have you been charged with possession of a controlled substance? Are you under investigation for drug trafficking, cultivation or manufacturing? Contact the Law Office of Bryan E. Cameron, in Sayville, New York, to set up a free initial consultation. We have handled criminal matters for over 15 years, serving four years in the prosecutors office before opening our own practice dedicated to protecting the rights of criminal defendants.
Searches and Seizures in Drug Cases
The Fourth Amendment protects individuals against unreasonable searches and seizures by the government. In drug cases, the legality of how evidence was obtained is frequently challenged. If the government violated the Constitution, the evidence cannot be used. Without the evidence to prove the charges, the State may have to dismiss its case. If you have been charged with a drug crime, an experienced criminal defense attorney from Law Office of Bryan E. Cameron in Sayville, New York can advise you whether the evidence leading the charge may have resulted from an illegal search or seizure.
The Fourth Amendment provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In addition, similar provisions in each state's constitution may afford even greater protections.
Warrants and the Protection of Privacy
Fourth Amendment protections apply to situations where persons have a reasonable expectation of privacy, such as their home or personal communications, for instance. However, whether the expectation is "reasonable" is the key to whether it is protected by the Constitution. Reasonableness is context-specific. The court looks at an individual's intention to keep something private and whether the expectation is one that society is willing to recognize as reasonable. Just as standards of privacy are constantly changing in society, Fourth Amendment law is also constantly evolving.
The government can intrude on such a zone of privacy only if the search or seizure is reasonable. Generally, a "reasonable" search or seizure is one supported by a warrant. The warrant itself has to be valid: It must be issued by a neutral judicial official, supported by probable cause and describe specifically the person or thing to be searched or seized. To establish "probable cause," the law enforcement officer has to present facts that would lead a reasonable person to believe that a crime is being, or has been, committed.
Exceptions to the Warrant Requirement
The Supreme Court has recognized a number of exceptions to the warrant requirement. A warrantless search or seizure is still "reasonable" if there is probable cause and certain circumstances exist that make getting a warrant impractical or impossible. These exceptions include:
- Search incident to arrest: searching a person after a lawful arrest to locate weapons and/or prevent the destruction of evidence
- Consent: when an individual voluntarily waives his or her Fourth Amendment rights
- Plain view: searching or seizing objects in plain view, if an officer has a legal right to be in that position where he or she is viewing the objects
- Automobile exception: searching vehicles if an officer has probable cause to believe there is contraband inside and it would be moved before a warrant can be obtained
- Exigent circumstances: when there is no opportunity to obtain a warrant due to an emergency situation, e.g., life is at risk
Besides these exceptions, law enforcement officers can conduct limited detentions and frisks without a warrant if they have an articulable suspicion that criminal activity is occurring.
Discuss Your Case with an Attorney
Analyzing whether a search or seizure was legal requires a close look at many factors. In a drug case, a successful challenge to evidence can mean the difference between a dismissal and a conviction. Contact a knowledgeable criminal defense attorney from Law Office of Bryan E. Cameron in Sayville, New York to discuss your situation and learn about your rights and options.
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