If my car was searched illegally can that be used as a defense to a drug possession charge?

A search warrant is not always necessary for police to have prior to searching a vehicle. However, under the United States Constitution, you are protected against unlawful search and seizure. In order for anyone serving in an official form to search your vehicle, the person must have probable cause to do so. Otherwise, this is an illegal search. If you can prove that the search of your vehicle was illegal, you can use this as a defense in your charge.

Prove Illegal Search

In order for a search to be proven illegal, you must show that the police did not have probable cause to enter the vehicle. If drug paraphernalia was evidence, a smell of drug use was present or you were intoxicated, the police office had the right to search the vehicle. If not, consider the following.

• Show that the search was illegal. If it was, then the drug charges cannot stand unless the police have additional evidence of the drugs.
• If the police could prove that you were intoxicated otherwise, the drug charge may still apply.
• If you are in possession of a controlled substance on your body, this may not be a preventable charge.

Each situation is unique. Because of this, it is best to work with an attorney to prove that you are in fact being charged with a crime under false pretenses. If the police cannot prove you had the drugs without searching the vehicle to find them, you may be able to defend against this charge.