Possession Of Drugs
Everyone has probably heard the term “probable cause” before, if for any reason because of the many court and police shows prevalent on television today. The suspicions behind probable cause and how it affects the potential possession of drugs charges has long been a subject of considerable debate in Florida. Understanding the whole process and how it can affect the outcome of any drug possession case is a subject that everyone needs to understand, hopefully before they erroneously become charged with drug possession themselves.
Want to know more about defending yourself against probably cause and potential possession of drugs charges? Philip Averbuck has been a successful defense attorney for years, and has plenty of experience in dealing successfully in such matters, call him today.
What Exactly Is Probable Cause?
If you have ever been charged with possession of drugs, it more likely than not to have been based on the fact that the policemen involved believed that they had probable cause when they first questioned you. That alone would give them the legal right to search your person and your vehicle, home and any other area remotely connected to you that they suspected might be used to conceal illegal substances. They were given this power by the Fourth Amendment to the Constitution, an article that many citizens today are not as familiar with as they should be.
The Fourth Amendment states that the police or any other law enforcement agency has the right, upon suspicion of probable cause to search the persons, homes, papers and personal effects of anyone suspected of a crime. When it comes to drug possession laws, this means that they have the right to do as they wish during a search for illegal drugs, drug paraphernalia, or proof of possession, and there is nothing that you can do about it, except submit to the search.
What This Means For You
In Florida, if the police contend that you committed a felony drug offense in their presence, as in being seen buying drugs, they have the right to pull you over, and search your vehicle for the presence of those drugs. As long as they have a reasonable certainty that you committed what has been stated you did, they have the right to arrest you without a warrant, and to seize property thought to be evidence of that crime.
If you are personally innocent of the charges, and the evidence found does not belong to you, you have the right to deny those charges. However, in terms of criminal legal advice, your best actions would be to cooperate with the search, and volunteer as little information as possible to the arresting officers. You have the right to an attorney, and it is to them that you should state your case, and allow them to fight on your behalf against the unjust charges. This is the safest way to ensure that your rights and civil liberties are fully protected during this time.