John Wesley Hall

Is the evidence prosecutors claim to have against you admissible?

You were driving along an Arkansas roadway when a police officer came up behind your vehicle with flashing patrol lights, signaling you to pull over. You complied, and then events unfolded that landed you in jail on suspicion of possession of illegal drugs. The officer made the arrest after searching the car you were driving. Perhaps you're facing drug charges but your circumstances involved a home search, not a vehicle search.

Whatever happened that led to your arrest, if it involved a search and seizure, it can be important to understand if there were any potential violations of your Fourth Amendment rights. If the were, you may have grounds to ask the court to rule evidence prosecutors want to use to try to incriminate you as inadmissible at trial. Understanding your rights and knowing where to turn for support to defend those rights are key factors in fighting drug charges.

Investigators must adhere to search and seizure laws 

Let's say you're watching TV some evening and police show up at your door, asking to enter your home to take a look around. This type of situation is enough to make even the calmest person a bit nervous. Always remember that investigators do not have free rein when they search your person, vehicle or home. There are strict rules governing their actions, one of which is that in most situations, they need a valid search warrant. You may ask to see it before they begin to a search.

Fourth Amendment history

The Fourth Amendment to the U.S. Constitution was drafted to prevent unreasonable government intrusion in citizens' private lives. If you're a history buff, you may already know that during the Revolutionary War, British soldiers frequently invaded the colonists' homes, trying to drum up evidence that they'd committed crimes. You are entitled to privacy in your personal life and, to some extent, in your business life as well. If you believe authorities have invaded your privacy during a police investigation, you may want to look into the steps you can take to protect your rights.

In summary

The Fourth Amendment places restrictions on the government in its efforts to gather evidence against you. There are many people in Arkansas who have successfully fought drug charges by asking others who were well-versed in criminal law and Fourth Amendment rights to advocate on their behalves in court. It's worth every effort to employ all options available to try to preserve your freedom.

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Little Rock, AR 72202

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