When police officers make an arrest, they must perform their duties according to strict protocols. Failing to treat apprehended individuals with fairness could compromise an arrest, thus allowing the court to drop the charges. If you’ve been arrested for a drug crime and think the police may have been acting unjustly, here are some potential mistakes to discuss with a criminal defense lawyer.

What Are Some Common Mistakes Police Officers Can Make?

1. Unlawful Search & Seizure

Under the Fourth Amendment, citizens have the right to due process before facing arrest. This means police officers must obtain your consent or a search warrant before searching your property. However, they can seize drugs which are noticeable in plain sight and search your property if they have reasonable suspicion that there are illegal drugs inside.

2. Misidentifying Drugs

This happens when police officers assume that a substance you have is an illegal drug and it winds up being something else after a laboratory test. For instance, if the police arrest you for illegal possession of a narcotic, but the lab later confirms that it was an over-the-counter painkiller, the courts will likely dismiss the charges against you.

3. Losing Evidence

In police work, evidence can occasionally go missing due to clerical or storage errors. An experienced criminal defense lawyer will request that the police bring the exact drugs from the scene of your arrest to trial. If the officer cannot produce the drugs, your case may be dismissed.

4. Entrapment

Entrapment occurs when a police officer pressures an individual into a certain behavior or action that causes them to commit a crime they wouldn’t have otherwise. For example, if a confidential informant pressures you into giving drugs to someone else, this could present a viable criminal defense. However, this is challenging to prove, and you should discuss all options with an attorney.

5. Questions of Ownership

In certain cases, if the police cannot absolutely prove who was the owner of the confiscated drugs, it could result in a dismissal. For instance, your attorney might ask the prosecutor to provide proof that the drugs belonged to you and not one of the passengers in your vehicle. If they cannot produce any evidence that supports this, the judge may drop or reduce your charges.

If you’re facing drug charges, the criminal defense team from Pearce Law Firm can help. Serving the Foley, AL, area, Allyson Pearce provides experienced legal counsel to help her clients navigate criminal charges and bankruptcy. Find out more about the firm’s practice areas by visiting the website. Call (251) 971-2676 to schedule a consultation.