Being charged with a drug crime like possession, manufacturing, or distribution of drugs can have devastating consequences in Colorado. However, law enforcement must still follow strict constitutional guidelines when conducting searches, seizures, and arrests.
At the Tucker Legal Group, our criminal defense team is comprised of recognized experts with decades of experience in analyzing search and seizure issues specific to drug offenses. We provide aggressive legal representation to ensure your rights were not violated and hold police accountable for any misconduct or overstepping of their authority.
Police Cannot Search You or Your Property Without Proper Justification or Without a Warrant
Law enforcement cannot simply search you, your vehicle, home, phone or other property anytime they wish without meeting legal standards. Under the Fourth Amendment, officers must have either a valid search warrant
based on probable cause of criminal activity, or a
n applicable exception
to the warrant requirement.
Exceptions to the Warrant Requirement
Examples of exceptions to the warrant requirement recognized by the United States Supreme Court and Colorado Courts include:
- The Plan View Doctrine
- Exigent Circumstances
- Hot Pursuit
- Search Incident to Lawful Arrest
- Consent
- Inevitable Discovery
- Independent Source Doctrine
Any evidence obtained through an unlawful search and seizure could be inadmissible due to the exclusionary rule and "fruit of the poisonous tree" doctrine. The analysis the court must conduct is typically very complex and multi-faceted. The Prosecution may argue that multiple exceptions apply, or that one exception, like inevitable discovery, cures an earlier improper search.
Challenging Illegal Searches and Suppressing Evidence
Our attorneys meticulously examine all aspects of how evidence was gathered against you, including:
- The legality of the initial police stop, detention or arrest, including any pre-text for the contact
- Compliance with warrant requirements under C.R.S. 16-3-303.
- Probable cause and veracity challenges to affidavits attached to search warrants
If law enforcement overstepped constitutional limitations, we will file motions to suppress any illegally seized evidence. Getting key drug evidence thrown out or suppressed can severely weaken the prosecution's case or potentially lead to dismissal or charges.
Don't risk a drug crime conviction based on compromised searches and seizures. Hire a drug lawyer to protect your rights and liberty with proven defense strategies. Our expertise in Colorado search and seizure laws provides strategic advantages to fight charges successfully. Contact us for a free, confidential consultation.