Drug Trafficking Criminal Defense Strategies
Drug trafficking can result in severe penalties, depending on the type and amount of the drug, as well as whether the suspect had any prior drug offenses. Someone with two or more prior drug offenses can be sentenced to life in prison, according to the U.S. Drug Enforcement Administration. There are several drug trafficking criminal defense strategies.
No Search Warrant
If authorities did not go about getting the drug trafficking evidence in the proper manner, the evidence can be suppressed, or thrown out in a court of law. One way to properly obtain evidence is through a search warrant. The search warrant must provide a detailed description of the premises or vehicle to be searched, as well as the items authorities are looking to find. Authorities need a search warrant to look for evidence, and a search and seizure warrant to look for and confiscate the evidence. The only time a search warrant is not needed is when authorities have probable cause for the search.
No Probable Cause
To establish probable cause and search without a warrant, authorities need some reason to believe the suspect is involved in drug trafficking. One reason can be evidence in plain sight, such as drugs, scales or other drug trafficking paraphernalia on a dashboard or car seat, but authorities need more to go by than a hunch or suspicion without any other facts to back up those suspicions. The same applies for arresting a suspect. Authorities cannot arrest someone for drug trafficking unless known facts give them reason to believe the suspect is guilty. Without probable cause, both drug trafficking searches and arrests can be dismissed.
Suppression of Statements/Confession
Another way to defend a drug trafficking charge is to look at the way authorities obtained any confessions or statements from the suspects. This is where the Miranda warning comes into play. Authorities must read the Miranda warning, or Miranda rule, to the suspect before they question him or are able to accept any confessions. Miranda rights, meant to prevent self-incrimination, give the suspect the "right to remain silent," as well as warn the suspect that anything he says can be used against him in a court of law. If the suspect makes any statements or confesses prior to authorities reading him the Miranda warning, those statements may not be admissible in court.
Entrapment
Entrapment is another strategy for defending a suspected drug trafficker. If authorities purposely encouraged or urged a person to traffic drugs just so they could catch him in the act, entrapment is at play. For entrapment to be a successful defense strategy, the suspect has to prove he would not have trafficked drugs had he not been enticed by authorities to do so. If the drug trafficking was the suspect's idea and he was going about it without any prodding from authorities, entrapment will not work as a criminal defense strategy.
No Search Warrant
If authorities did not go about getting the drug trafficking evidence in the proper manner, the evidence can be suppressed, or thrown out in a court of law. One way to properly obtain evidence is through a search warrant. The search warrant must provide a detailed description of the premises or vehicle to be searched, as well as the items authorities are looking to find. Authorities need a search warrant to look for evidence, and a search and seizure warrant to look for and confiscate the evidence. The only time a search warrant is not needed is when authorities have probable cause for the search.
No Probable Cause
To establish probable cause and search without a warrant, authorities need some reason to believe the suspect is involved in drug trafficking. One reason can be evidence in plain sight, such as drugs, scales or other drug trafficking paraphernalia on a dashboard or car seat, but authorities need more to go by than a hunch or suspicion without any other facts to back up those suspicions. The same applies for arresting a suspect. Authorities cannot arrest someone for drug trafficking unless known facts give them reason to believe the suspect is guilty. Without probable cause, both drug trafficking searches and arrests can be dismissed.
Suppression of Statements/Confession
Another way to defend a drug trafficking charge is to look at the way authorities obtained any confessions or statements from the suspects. This is where the Miranda warning comes into play. Authorities must read the Miranda warning, or Miranda rule, to the suspect before they question him or are able to accept any confessions. Miranda rights, meant to prevent self-incrimination, give the suspect the "right to remain silent," as well as warn the suspect that anything he says can be used against him in a court of law. If the suspect makes any statements or confesses prior to authorities reading him the Miranda warning, those statements may not be admissible in court.
Entrapment
Entrapment is another strategy for defending a suspected drug trafficker. If authorities purposely encouraged or urged a person to traffic drugs just so they could catch him in the act, entrapment is at play. For entrapment to be a successful defense strategy, the suspect has to prove he would not have trafficked drugs had he not been enticed by authorities to do so. If the drug trafficking was the suspect's idea and he was going about it without any prodding from authorities, entrapment will not work as a criminal defense strategy.
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