Drug Crimes In Missouri: Illegal Search and Seizure

Advice For Avoiding Drug Charges by Police Search 

First off, if ever a police officer stops you and asks to search you, your car or your house – you have the right to say “NO.” Be polite but never admit any illegal activity and do not consent to a search. The police are not your friends in this case. After they have left, your best bet is to seek a criminal defense lawyer who knows how to handle criminal cases in the Missouri area. If you have been charged with felony drug possession, misdemeanor drug possession or paraphernalia, it’s important to get a lawyer immediately.

Search and Seizure Law in St. Louis, Missouri  

Almost all the law firms you visit in Missouri will immediately tell you that if a police officer searched your person, house or car and found drugs – it was an illegal search and they will prove it and your case will be overturned. They want you to think this so it sounds like you will win if you hire them.

But in reality, search and seizures under the fourth amendment are more complicated than that. 

For instance, if you have been charged with drug possession or paraphernalia possession from a traffic stop, the court may not see the search as illegal. You will need a lawyer who knows how to argue beyond that point. 

The fourth amendment states:

“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.”

The fourth amendment protects you from unreasonable searches. Cops like to argue that their search was reasonable.

Was your right to privacy violated when you were charged with drug possession 

Often, these two questions will be asked:

• Did the person actually expect some degree of privacy?
• Is the person’s expectation objectively reasonable—that is, one that society is willing to recognize?

Search and seizure laws in Missouri maintains that, “people have a legitimate expectation to privacy in a search of his own car and would have standing to challenge the legality of the search. However, a supreme court ruling in 2009 said that police are allowed to search your car during a traffic stop in certain situations. 

The prosecutor will always try to argue that any search made was reasonable and the officer had probable cause. Probable cause exists when, “a police officer has valid reasons based on facts and circumstances that would reasonably indicate that a person has committed a crime or is about to commit a crime.” 

Often, cops find reason or probable cause to frisk you and seize what is on your person. If they think they smell fresh or burnt marijuana, that is used as cause. If they can see into your car and see what they think are drugs, they will often use that as cause to search the rest of your car as well.

But remember, all of this doesn’t matter if you consent to have your car searched. You are allowed to say “NO” to a search. 

The Right Lawyer for Drug Possession Cases

This is where you need a lawyer who knows every angle prosecutors will use to argue that a search and seizure was legal. It’s important your criminal defense lawyer is knowledgeable about this and other ways to beat your felony or misdemeanor drug or possession case.