Procedural Violations That May Impact Drug Arrests & Cases

Procedural Violations That May Impact Drug Arrests & Cases

Arrests based on drug charges are not uncommon, but that does not mean that Missouri police officers always are right when they take a person into custody on suspected drug offenses. In some situations, individual arrests may be flawed by violations of criminal procedure. When an individual facing a drug charge is arrested by officers who failed to follow the proper protocols, the individual may have options for having their charges dismissed.

This post will address some of the ways that law enforcement officials may violate police and criminal law procedures and infringe upon the rights of citizens. However, readers should not use this post as legal advice or guidance. All criminal cases should be referred to defense attorneys who can help individuals sort out their own legal needs.

One way that police may wrongfully arrest an individual on drug charges is if they lack probable cause to make the arrest. Probable cause is an important legal concept that indicates that a police officer had a reasonable belief based on evidence that a person had committed or was going to commit a crime. The failure of an officer to have probable cause before a drug-based arrest may indicate a violation of arrest procedures.

However, not all arrests require officers to have probable cause. For example, when a warrant has been issued for the arrest of an individual, law enforcement officers may execute that warrant. Readers should understand, though, that the process of securing a warrant may also be flawed and subject to procedural review.

When an individual is arrested and taken into custody by law enforcement officials, they may be asked to make a statement regarding their involvement or participation in the crime they are alleged to have committed. Individuals in police custody may not be forced to make statements. They may not be subjected to abuse or threats in order to have statements coerced from them. If police use force to make individuals in custody confess to their alleged crimes, those statements may be thrown out.

Whenever a person is in police custody and is subjected to an interrogation regarding their involvement in an alleged crime, they must be provided with their Miranda rights. Many people have heard of these rights and understand them to include one’s right to remain silent and one’s right to have an attorney. Miranda rights do not have to be read immediately upon an individual’s arrest, but rather before they are subjected to interrogations in custody. The failure to provide a person with their Miranda rights in such a situation is a violation of the law.

There are many opportunities for law enforcement officers to make mistakes, whether intentional or unintentional, that violate the rights of the men and women who they subject to arrests. Arrests based on drug charges are serious and can result in significant penalties. To protect one’s legal defense options and rights to a fair and constitutional criminal process, an individual facing drug charges can seek the support and guidance of a criminal defense attorney.

The Johnson Law Firm, LLC, can answer your questions about what our legal practices. Contact us for a free consultation. We are located in St. Charles and serve the surrounding areas of Missouri.