Probable Cause in Drug Cases: Here’s Everything You Need to Know
Drug crimes are pretty serious. You must see the evidence before you are charged with any drug offenses. Otherwise, the case against you is not viable. To avoid being charged based on suspicion, you need the best lawyers to take up your case.
Different types of drug cases can be brought against you. Before proving anything, you need an attorney to explore the type of case and to defend your drug charges based on the evidence provided.
Through their skills, the attorney can examine the case to evaluate whether it is worth considering as evidence in the case against you.
Types of Drug Charges
The first is possession. This means that you are found with drugs in your house, car, bag, or pocket. This does not mean you use the drugs or intend to sell them. Possession alone is a crime. You can deny the charges by proving the drugs are not yours and explaining the sources.
The second is drug use. Using drugs is a crime. Anyone who uses the drug possesses it. However, this is not always the case. You can be charged with intoxication or taking action under the influence. For instance, driving while high on marijuana or assault due to drug abuse and usage.
Finally, there is the crime of selling drugs, which is illegal, especially for hard drugs. To be charged here, the police must justify the intention to sell; otherwise, you will be charged with possession. However, if you are caught selling or caught with capital indicating revenues for drug sales, you can be charged with passion and the sale of illegal drugs.
Probable Cause vs. Reasonable Suspicion
Many have been taken to court and charged with drug use based on reasonable suspicion. The police can charge you based on hearsay or suspicion of drug use or possession. This does not mean you are guilty of the crime you are accused of.
Therefore, before the police make an arrest and present you to the court, they must justify the reasonable doubt and probable cause that you use the drugs or are guilty of possession. Having reasons to believe or to arrest is not enough. There must be supporting evidence for such actions.
What Constitutes a Probable Cause
Physical and visible evidence: Before charging you, the police must see the drug in person to prove possession. To charge you for an action under the influence of drugs, there must be drug tests and evidence indicating intoxication. Finally, evidence, like videos and photos, must justify any of these crimes. Otherwise, evidence will count as reasonable suspicion but not a probable cause.
Suspicious behaviors: Any suspicious behavior, like violence, road misconduct, or other actions, is enough evidence for the police to search. Otherwise, you can prove the actions did not warrant the search by proving other reasons for the behaviors.
Witness statements: Any statement a third party makes to the police to justify drug offenses can lead to an arrest or a search. This includes information from eyewitnesses, informants, or other concerned citizens. The police must search to prove the information before arresting you for the crimes.
Drug detection: If the K-9 unit and other police systems detect drugs, a search can be conducted to justify the reason. The police can deploy more K-9 units or conduct individual tests and swabs to prove passion for the crimes.
Bottomline
Probable cause is judged based on time of arrest, possession, time of search, and a test to prove violations. You need the best lawyer to prove that the police met all the requirements before charging you with the crime.
