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Can evidence in a drug possession case be suppressed? 

On Behalf of | May 1, 2023 | Criminal law

A drug possession charge may dramatically impact your future, especially if the charges involve possession with intent to sell. If you’re convicted, this will remain in your record and may impact your housing options, jeopardize your ability to pursue an education and even limit job opportunities. 

Fortunately, being caught with drugs doesn’t necessarily mean you will end up in jail. Depending on your situation, some evidence may be suppressed. Keep reading to learn more about when evidence can be suppressed in a drug possession case. 

Unlawful search and seizure

The police must have probable cause to pull you over and search your vehicle. This can be as simple as having a busted taillight or failing to signal a turn. However, suppose the police arrest you for drug possession without probable cause or consent to search your vehicle or house. In that case, it may be possible to get the evidence suppressed. 

Errors in the chain of custody

There are some procedures the police have to follow when handling evidence. However, if some pieces of evidence go missing, the evidence is mislabeled or mixed up with evidence in a different case, then the evidence may be considered inadmissible. 

Failures to Mirandize when required

When you’re in custody and about to be interrogated, the police have an affirmative obligation to remind you of certain rights, including your right to remain silent and a right to legal representation. If they fail to give you the appropriate “Miranda” warning, anything they learn through questioning may not be admissible in court.

Any evidence obtained during a criminal arrest can greatly impact the outcome of your criminal case. Therefore, whether any evidence was legally obtained, you owe it to yourself to develop a criminal defense that can help fight back against the prosecution.