The possession of illicit or controlled drugs without a valid prescription is illegal in New York. While your right to privacy is protected under federal law, there are certain instances where your vehicle may be searched and property could be seized in relation to criminal activity. If your car is being searched for drugs it is crucial that you understand your rights and legal options. Work with a New City drug possession crime defense attorney for more information and knowledgeable representation in your case.
Under the Fourth Amendment of the Constitution, you have the right to avoid unlawful searches and seizures of your property. This means that without a valid search warrant issued by a judge or probable cause, no government authority can search or take possession of your property. This is one of the most important rights in the United States, especially when it comes to police searching your car for drugs.
Another crucial right, written in the Fifth Amendment, is the right to remain silent. This is one of the most beneficial rights in any criminal investigation or case. If the police do have a search warrant or probable cause to search your vehicle, it is important to remember that you are under no legal obligation to answer any questions or give a statement on any evidence that is found. Anything that you say or do can be used against you later on, so silence is your friend during a situation like this.
There may also be times when the police ask your permission to search your vehicle. If they are asking for your consent it is because they do not have a legally valid reason to conduct the search. You have the right to refuse a search and should generally do so.
Under certain circumstances, law enforcement’s search of your vehicle may be considered unlawful. If the police officer who conducted the search did not have a valid warrant, acted outside of the bounds of the warrant, did not have probable cause, conducted the search despite your refusal to give consent, or otherwise acted in an unlawful way, there is a chance that the search could be considered illegal.
If you believe that your Fourth Amendment rights were violated through the search of your car, you can petition the court with the help of a skilled defense lawyer. You and your attorney can gather and present evidence proving that the search was illegal. If successful, any evidence collected through the search will be suppressed and inadmissible in court.
To learn more about your rights and legal options, contact an attorney at the Law Office of Kevin T. Conway today.
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