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Search and Seizure Procedures in a New Jersey Drug Arrest

By Lependorf & Silverstein

One way that an experienced criminal defense attorney will devise a strong defense against drug charges is to examine the process by which evidence was obtained by the police. Under the Fourth Amendment of the Constitution, all persons are protected from unreasonable searches and seizures. There are very strict procedures that a police officer must follow to legally look for and obtain evidence in a criminal case. If it is determined that the defendant's rights were violated during this process of gathering evidence, the case must be dismissed. Search and seizure issues can be extremely complicated and confusing. The rights of the defendant are dependent upon the warrant the police has obtained, the circumstances of the arrest and the location of the evidence...continue to full post

Full post as published by New Jersey Criminal Defense Blog on December 30, 2010 (boomark / email).