Illegal Search & Seizure
Drug Crime Defense Lawyers in Nashville, TN
In some cases, an experienced attorney can get drug charges reduced or dismissed due to violation of your Fourth Amendment rights by police. The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If your constitutional rights are violated, evidence obtained in an illegal search may be inadmissible. The prosecution’s entire case may be crippled.
At May McKinney, we carefully analyze our clients’ cases to identify possible Fourth Amendment and other constitutional rights violations. If drug evidence was obtained illegally, we will fight to have it suppressed so that it cannot be used against our client in court. Even in seemingly “open and shut” drug cases, our Nashville drug crime attorneys know what to look for and how to effectively defend our clients’ interests.
Call (615) 265-6383 today to find out how we can help you.
Illegal Search & Illegal Seizure Defense in Drug Charges
In their zeal to make drug arrests, the police may step over the line and search people they had no right to search and seize evidence they had no right to take.
Drug arrests often arise as a result of traffic stops. However, police cannot stop your vehicle without reasonable suspicion that you have committed a crime. If the police did not have a valid reason for pulling you over, all evidence gathered after the stop may be suppressed.
After the stop, police cannot search your vehicle or your person unless:
- They have probable cause that you committed a crime. An example of probable cause would be drug paraphernalia in a visible area of the car such as the dashboard. Whether the police had probable cause to search your person or vehicle is often a disputed issue.
- You gave police permission to search your vehicle or person. Even if you gave permission, the search may be illegal if the police intimidated you.
- The police obtained a warrant. The warrant must be properly drafted and executed.
Are Wiretaps Illegal?
A wiretap of your phone or email is a form of search and requires a warrant. Our Nashville drug crime defense lawyers are experienced in the specific issues involved in the police interception of cellphone calls, texts, and emails in drug cases.
Serving Nashville, Mount Juliet, Brentwood & Franklin
Every case is different, and it will take a careful and thorough investigation to determine whether your Fourth Amendment rights were violated and how this will impact your case. With over eight decades of combined legal experience and the resources to uncover search and seizure violations, our attorneys are confident in their ability to make a difference in your case.
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