What are some of the common defenses used for drug crime cases?
The most common argument that criminal defense attorneys use in drug case is that the evidence was illegally obtained by police. This is usually a violation of your Fourth Amendment rights, which state that the state cannot conduct unreasonable searches and seizures. Either your consent or a search warrant based on probable cause is required for police to legally search your home or car. If an officer asks to search your home or car and does not have a warrant, you have the right to refuse. Another common defense is unlawful self-incrimination, which is a violation of the Fifth Amendment. If either violation has occurred, the unlawfully-obtained evidence will be suppressed and cannot be used against you. This makes it much more difficult to prove guilt beyond reasonable doubt.
