When attempting to discover potentially incriminating evidence, police officers must follow very strict rules and procedures. This is especially true in cases where drugs or drug paraphernalia was discovered in an individual's car or home. In such cases, questions may be raised as to whether or not police officers followed proper search and seizure procedures. In cases where doubts are raised over how police officers discovered drug-related evidence, criminal charges may be dismissed.
A recent news story reported that a 42-year-old man and 41-year-old woman were arrested and now face numerous drug charges after police searched the car the man was driving. According to the police report, an officer pulled the car over after noticing that the 42-year-old driver was not wearing a seat belt. Upon pulling the driver over, the police officer discovered the 42-year-old did not have a current driver's license. The officer than reportedly obtained consent from the driver to search the vehicle.
At that time, responding officers discovered a small quantity of a substance later identified to be methamphetamine in the wallet of the 41-year-old female passenger. Additionally, the police report lists that other materials were found in the vehicle and on the 42-year-old driver that may be used in the manufacturing of methamphetamine.
Both the driver and passenger were arrested and now face multiple drug charges. This case raises numerous questions related to search and seizure laws. In cases where a police officer fails to follow protocol with regard to obtaining an individual's consent to search a vehicle as well as their person or personal property, evidence obtained via the search may be deemed inadmissible in court.
Colorado residents who are facing criminal charges related to evidence that may have been obtained via unlawful means would be wise to seek legal advice. A criminal defense attorney will work to protect an individual's rights and defend against accusations and criminal charges.
Source: News-press.com, "Traffic stop for seatbelt yields methamphetamine, lab parts," Billy Jo Snowden and Jamie Woodward, Feb. 4, 2014