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Two Ways to Beat a Drug Case Explained by Albuquerque Drug Lawyers
14 Mar 2016

Two Ways to Beat a Drug Case Explained by Albuquerque Drug Lawyers

Most drug charges in Albuquerque are won or lost on the Albuquerque Drug Lawyers’ ability to properly spot potential issues where the police may have acted illegally in their investigation. Sometimes this illegal action was malicious; sometimes officers, while acting with albuquerque drug lawyers - money and drugsgood intentions, turn out to be wrong in their beliefs that they were acting within the law. Either way, New Mexico law provides that the remedy for illegal police action is the suppression of evidence found because of the illegality; this often results in a dismissal of the entire case or a much more favorable offer from the State.

In this article we’ll discuss two (of many) different possible avenues for suppression of drug evidence.

Was the Stop Pre-Textual?

Under the Fourth Amendment, an individual has the right to be free from unreasonable searches and seizures. In the case of Whren v. United States, the United States Supreme Court determined that it was reasonable for officers to conduct traffic stops for minor infractions for the sole purpose of investigated unsubstantiated “hunches” that someone connected with the vehicle had committed a crime.

However, in State v. Ochoa III, New Mexico ruled that under our state constitution an officer who does not have reasonable cause to stop to investigate a crime cannot harass an individual by initiating a seizure based on an otherwise clear traffic infraction. Allowing such pre-textual stops can virtually eliminates all privacy protections a person possesses. Your Albuquerque Drug Lawyers will have to convince a court the stop was pre-textual and that no probable cause existed for the crime actually under investigation. You’ll need experienced Albuquerque Drug Lawyers such as those at the Twohig Law Firm to litigate a pre-text stop case.

Did Officers Exceed the Scope of a Warrant?

In State v. Hamilton, officers had an otherwise valid search warrant for a house they suspected contained drugs. The search turned up nothing. But they saw two people leaving a detached guest house on the property and decided to search it as well and found drugs. The State argued the two houses were part of the same private property, but the defense was able to convince the court otherwise. This resulted in the dismissal of serious charges against the defendants. To get such results will require expert Albuquerque drug lawyers.

Drug Case Defense Is Difficult

Suppression of evidence in these two cases were not a foregone conclusion. In one case, the attorney had to convince the court to invent an entirely new protection not otherwise granted by the United States Constitution. In the other, difficult factual issues needed to be proved. For cases like these, you need to talk to experienced Albuquerque drug lawyers.

To do so, please contact the Albuquerque Drug Lawyers from Twohig Law Firm today at (505) 898-0400 to schedule a free initial consultation.

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