Can I get charged for possession if I was illegally searched and was caught having small amount of drugs?

Question

I was illegally searched without consent and in my pocket had a very small amount of drugs. Can I get charged for possession?

James Osak · Answer

How were you illegally searched?  Were you in a car?  Were you walking down the street?  If illegal search then YES it should be excluded.  But we need to know more to deterrmine if legal or not. Just because YOU say it's illegal doesn't make it so.  Even if illegal  most of these judges side with their city cops don't you know. Judges don't care about your civil rights. Call a local criminal attorney.

Jeff Yeh · Answer

Illegally searched according to who? Let me guess you? I am pretty sure the cops have a different story.

Michael J. Breczinski · Answer

Whether it was an illegal search is a fact issue  Just because you think so does not make it so. I need a lot more facts to give an opinion on this matter.

Steven D. Dunnings · Answer

Hire an attorney.

Michael Palumbo · Answer

If you were, then yes you can.

Jared Altman · Answer

You might. Yes.

Leonard A. Kaanta · Answer

Yes.

Gregory Casale · Answer

You can get charged if the police have probable cause to arrest. This is not a high standard and if you were charged, they obviously thought they had it. The tougher standard is to convict, which takes beyond a reasonable doubt. You say the search was illegal. Only the judge can make that determination, but if you believe it is, then by all means your attorney should bring a motion to suppress any evidence gained through the search. 

In addition, you mention that you only had a small amount of drugs, which must have been something more than marijuana, since a small amount of pot only brings a civil citation (like a ticket). If you have a criminal charge, I advise that you take all steps to beat it if possible. You do not want a criminal conviction on your record it at all possible to avoid.

Stephen Richards · Answer

You can always be charged. Whether the charge will stick may depend upon whether you have a good motion.

Mark R. Thiessen · Answer

Yes you can be charged.  However, if the search was illegal then you have big problems with your case.  SO hire a good drug attorney that knows search and seizure law.

Joseph Dane · Answer

Can you get charged? Yes. Can the evidence get suppressed? Potentially, but your lawyer will need to look over everything.  You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

William Spern · Answer

If it is a true illegal search, the results of the search will be barred from use. However, what you think is illegal and what the court thinks is usually quite different. Get an attorney NOW!

Steven Alpers · Answer

You can be charged.  The issue is whether there was probable cause to search and that may have to be fought out at a motion to suppress.

James Gandy · Answer

If the search was improper, the charges will ultimately be dismissed. If there was probable cause for the search, however, the case will go to a jury who will decide whether there is a conviction based upon the evidence presented to them.

Gary Moore · Answer

The charge can be dismissed.

Terry Nelson · Answer

Can they charge you?  Of course.  If they think they can convict you.  You saying it was an illegal search does not make that true.   There is no such thing as an illegal  arrest.  Too much TV cop show 'reality' misinforms the public about the real system.  You would have an evidence suppression issue to raise in a motion if prosecutors seek to introduce into evidence contraband found during a search you contend was not allowed.  You might be surprised to find the police reports claim you consented.

Jared Winter · Answer

Yes, you can still be charged.  A decision on whether or not you were illegally searched comes after charging.  You should consult with a local criminal defense attorney.  If you can't afford to hire one, ask the court for the public defender.  Though you may have been illegally searched, from a legal standpoint, search and seizure issues are highly complex.  You'll need an experienced attorney to fight this issue for you.  Don't try to do this on your own, or you will definitely lose.

Nathaniel Shafer · Answer

You can get charged, yes, but that does not mean you will be convicted. Your lawyer will likely move to suppress the fruits of the illegal search, and if successful the prosecutor would need to dismiss the charges.

Randall England · Answer

If it was an illegal search  (i.e., a violation of your constitutional rights against unreasonable search and seizure), any evidence found in the search would be suppressed. In most drug possession cases, such suppression would be fatal to the government's case.

Clayton Lockhart · Answer

You can be charged with possession, but if your lawyer can prove that the search was illegal, then the contraband will be inadmissible and the fruits of the poisonous tree and therefore will not result in a conviction.

Jonathan Baner · Answer

Yes you can get charged.  What you say is "illegal" does not matter even the slightest.  It depends upon whether a judge says the search is illegal (specifically that criminal procedural laws/rules or the Washington or Federal constitutions prohibit the type of search).  In Washington it is a 3.6 motion.

Timothy Klisz · Answer

Easily charged. Conviction is the question. Get a lawyer and discuss the facts to see your best strategy.

William C. Gosnell · Answer

Charged Yes.  Convicted. No.

Michael Chastaine · Answer

Where the search was illegal depend on the circumstances. As a general rule, most searches are not illegal. You should get legal counsel to advise you on this. Bit of the search was truly illegal then the drugs are not admissible as evidence in court and the case should be thrown out.

Mark Smith · Answer

You can be charged with possession but then you can contest the  search.

Jeffrey Pollock · Answer

You can be charged, but if you can suppress the drugs due to an illegal search, then you won't be convicted.

John Patrick Yetter · Answer

Yes, you can be charged.  The issue of a bad search is one for the courts and the judge will have to decide to suppress the proceeds of the search. If the court does this the charge is usually dropped.

John Brennan · Answer

It will be up to the judge whether you were searched illegally if you are prosecuted, which is most likely.

Jason P. Kutulakis · Answer

Sure you can be charged. If the search was illegal, it may be subject to suppression. You need to consult with and retain an attorney.

Steven Fairlie · Answer

You can be charged but if the Commonwealth can't prove the search was legal the drugs should be suppressed.  You really need a lawyer for that.

Andrew Kowalkowski · Answer

The evidence captured as a result of the illegal search may be suppressed as fruit of the poisonous tree.

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Can I get charged for possession if I was illegally searched and was caught having small amount of drugs?

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