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Protecting Yourself Against Illegal Search and Seizure

If you know your rights, you will be better equipped to protect yourself against improper legal procedure, both during and after an arrest or other criminal charges.

Dismissal of Drug Trafficking Charges

I recently represented a client who fell victim to improper search and seizure.

While conducting surveillance as part of an investigation into drug trafficking at a particular residence, the New Bedford Police Department observed my client entering and exiting a short time later. They stopped his vehicle and asked him to get out of his car. The officer noticed a bulge in his waistband, and despite my client clearly stating that he did not give his consent for the search of his person and his car, the officer searched him. The item they confiscated turned out to be a kilo of Fentanyl, which is classified as a Schedule II drug and carries hefty consequences if found in your possession.

On behalf of my client, I filed a motion to suppress evidence based on the illegal search procedures, and the motion was allowed. The case was dismissed, and my client was spared a prison sentence of up to 20 years.

What Can You Do?

If you find yourself in possession of drugs or other items that may result in criminal charges and the police attempt to search you, you still have rights. Here are three simple tips to help you act within your rights and minimize the possibility of negative outcomes.

  1. Be respectful. This will foster goodwill during your interactions and can prevent the situation from escalating.

  2. Don’t consent to a search.┬áRepeat “I do not consent to a search.” If questioned later, the law enforcement officer will have to acknowledge that you stated this clearly.

  3. Invoke your Fifth Amendment right and ask for a lawyer without making any statements.

An Experienced Attorney Can Help

If you or someone you know has been arrested for possession of Fentanyl or other narcotic drugs, call me today at 877-677-2878 for a case consultation.