DRUG CASES

DRUG CASES OR OTHER CONTRABAND

It is not illegal to use drugs but to be in possession of it. Mere presence is not enough. They have to prove you were in possession of the drug/contraband by knowing it was there. In other words, if you are traveling in a vehicle where the contraband is discovered under the seat, the state has to prove that you’re knowingly in possession or had prior knowledge of its presence.

Searches also need a warrant unless it meets some exceptions. The rule is, never volunteer a search. Illegal searches or mere presence alone may help you win your case. If the police threaten to get a drug dog, or a search warrant, let them. They still have to have the just cause to search and if they do not, this is grounds for the warrant to be suppressed.