Drug Charges Stem from Suspecting Consenting to Police Search
Many drug arrests stem from the suspect consenting to a search by police officers. According to the Fourth Amendment of the Constitution, police need a warrant based upon probable cause to search a person or a search is considered unreasonable and illegal. In order for consent to be valid, the suspect must knowingly and intelligently consent to the search. The suspect need not know that he has the right to refuse consent for it to be valid, but the courts must look at the totality of the circumstances to determine if consent was voluntarily and knowingly given. The totality of the circumstances approach is viewed as the appropriate balance between police efficiency and personal liberty from unreasonable police abuse of power.
According to the Scranton Times-Tribune a Scranton man was arrested after police officers, suspecting drug dealing, confronted the man and the suspect then consented to a search, during which the officers said they found several bags of suspected marijuana in the pockets of the suspect. He was charged with manufacture with the intent to deliver a drug, possession of a controlled substance, and possession of drug paraphernalia.
If you face criminal charges that stem from consenting to a search of your personal effects; you need to defend your legal rights! Whether in Lackawanna County, Luzerne County, Pike County, Monroe County, the first step in combating an unlawful search is to contact an experienced Scranton criminal defense attorney. An experienced Scranton lawyer will defend your individual liberty and fight to have unlawfully seized evidence deemed inadmissible in a possible criminal trial.