When a person is pulled over, police officers cannot search the vehicle unless the person grants his or her consent. However, there are certain circumstances in which the officer is allowed to search the vehicle without the owner’s permission. For instance, when the officer can see or smell illegal drugs in the vehicle. The actual laws are more complicated than this, however, so it’s important to hire a drug lawyer in Cedar Rapids, IA, when a person is arrested for a drug charge.
If a substance that looks like drugs is found, a person may be arrested based on a field test stating the substance in question is an illegal drug. It’s a good idea for the person to comply with the officer’s directions and hire a lawyer to handle the case instead of trying to fight the arrest. Once the person hires a lawyer, the lawyer will request an independent evaluation of the substance to determine whether it really is an illegal drug. If it isn’t, the lawyer can appeal to a judge to have the charges dismissed based on a lack of evidence. Often, this will be successful if the substance is proven to not be an illegal drug.
In some cases, people do have illegal drugs on them. This does not necessarily mean there is no hope. There are very detailed laws that dictate how and when a person can be searched. Anything outside of these laws is considered an unlawful search and seizure, and the evidence that results from it cannot be used against the person. While the average person won’t understand all of these laws and how they might apply to a case, a lawyer will. They’ll check to be sure any search performed was legal, and if not, appeal to the judge to have the charges dismissed.
Just because a person is arrested and found with a substance that seems to be a drug according to a field test, doesn’t mean it is actually a drug and it doesn’t mean the search was illegal. Although these examples are not a guarantee of the outcome of any case, they are things a lawyer will look into. This is why it’s critical to hire a drug lawyer in Cedar Rapids, IA, as soon as possible after a drug arrest. For more information, contact Jacobsen, Johnson & Wiezorek, PLC, today.
