Build A Strong Defense
To Protect Your Rights

  1. Home
  2.  → 
  3. Drug Charges
  4.  → Can evidence be suppressed in a drug case?

Can evidence be suppressed in a drug case?

Drug charges can threaten your future, especially if you’re charged for trafficking or intent to distribute. Often, when the prosecutors have evidence against you, the situation may seem hopeless — but that’s not necessarily the case.

A valid part of any defense strategy is to work to weaken the prosecution’s case by trying to find ways that evidence can be suppressed. Doing this will destroy the prosecutor’s case against you, and with no evidence, they may be unable to prosecute you. Here are a few ways your defense might get evidence suppressed:

1. Prove the police failed to comply with your Fourth Amendment rights

Your Fourth Amendment rights protect you, your home, your documents and your effects from searches by law enforcers without a warrant. A warrant can only be granted if the police have probable cause to believe there is evidence of criminal activity within the area they intend to search. Therefore, any evidence that is acquired in violation of your Fourth Amendment rights will be inadmissible in court.

2. Prove there were errors in the chain of custody

Errors in the chain of custody can also help you get evidence suppressed. Once the police acquire evidence, such as drugs, fingerprints or breath test results, they are required to document everything – from the location to security. However, suppose the evidence isn’t properly tagged and secured, or some of the acquired evidence goes missing. In that case, you can file a motion to suppress that evidence. 

Suppressing key evidence can protect you against a drug conviction

Evidence is vital in drug charges, and suppressing the right evidence can lead your case to be acquitted or even dismissed. Therefore, consider using the above ways to protect yourself against drug charges