Building a Greenwich Operating a Drug Factory Defense
Operating a drug factory is a serious offense that could have consequences that are even worse. If you face charges for operating a drug factory, consult a qualified drug defense attorney. A capable lawyer could begin building a Greenwich operating a drug factory defense for you. Work with an attorney that could keep your best interests in mind and could pursue a positive outcome for you.
Rights During an Arrest
The rights that the person has at the time of an operating a drug factory arrest in Greenwich include the right to be protected from any illegal searches and seizures. If the police officer asks them if they consent to their car or their home being searched, they could say no. A lot of times there are exceptions for the police to be able to search the car anyway. There are a lot of motor vehicle exceptions, meaning a search warrant. However, as far as their home goes they do have the right to not consent to the search of their home. There is always a possibility that the police get a warrant anyway, but they have that right.
Common Constitutional Issues in Operating a Drug Factory Cases
The most common constitutional issues that tend to come up in operating a drug factory cases would be anything in violation of the Fourth Amendment, which prohibits any illegal search and seizures. For example, if the police have a suspicion or they pull someone over, someone is using drugs, and they search their house without the proper search warrant, it could be in violation of the Fourth Amendment, which would be an issue. Sometimes an individual and their attorney could leverage these issues when building a Greenwich operating a drug factory defense.
Do Police Have to Have a Warrant for Search and Seizure and Possible Arrest?
In some cases, the police do have to have a warrant for search and seizure and possible arrest for operating a drug factory in Greenwich. There are exceptions like submitting search warrants. For example, if there is an emergency or if there is a public safety issue, they might be able to conduct a search without a warrant. If they have reason to believe that a crime has been committed, they likely would not make an arrest warrant. They would receive an affidavit in detail and the reason they had probable cause to believe a crime has been committed. Another common exception for not having a warrant for a search is that the person ends up giving consent, especially if they are already under arrest. A lot of times, the person thinks that they are probably going to get a warrant anyway, so they might as well give permission for them to do the search of their home or their car. They end up giving permission and in that circumstance it is legal.
Potential Mistakes Made by Law Enforcement
The biggest potential mistake made by law enforcement officers when issuing an operating a drug factory charge would be a bad search or seizure. If the officers do not have consent, do not have a good warrant, and search a premise and find the only evidence that they have in a case but they seized it in an unconstitutional way, it would be a huge mistake. Other mistakes they could possibly make are also during the search. As they do an inventory of any of the evidence they find, if they contaminate it by putting it in the same packaging as other evidence there is potential for a DNA cross-examination as well as potential to lose any possible fingerprints on the evidence. If it is not done properly, especially with the DNA and fingerprints being so sensitive and all the technology they have now, they could potentially contaminate and ruin evidence samples. These errors could compromise the prosecution’s case and be helpful when building a Greenwich operating a drug factory defense.
How a Greenwich Defense Attorney Could Help
A Greenwich criminal defense lawyer could use these procedural mistakes when building a Greenwich operating a drug factory defense by filing motions to suppress. For example, if the police are making mistakes and not doing things properly as far as the warrant goes, they could file a motion to suppress and have a discussion with the prosecutor about why they would win a motion to suppress to try to avoid that or drop altogether. With DNA and other kinds of cross-contamination, a lot of defense attorneys have worked with DNA experts before so it might be necessary to consult with or even retain an expert in the field to explain why the evidence samples may alleged and are not good anymore or could be used against you. If you face charges for operating a drug factory, contact an attorney who can help.