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Illegal Search And Seizure In Drug Crime Defense

Former Prosecutors Asserting Your Fourth Amendment Rights

The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable search and seizure by law enforcement. This means that police must operate within certain bounds in investigating crimes and prosecutors may not use illegally obtained evidence in seeking a conviction.

Drug crimes in particular hinge on search and seizure issues. It is critical that your legal counsel understand where the line is drawn and how to hold the government accountable for Fourth Amendment violations. The criminal defense lawyers of Martin & Kent, L.L.C., are former felony prosecutors who are well-versed in these legal issues. Our knowledge and skill has resulted in dismissal of charges, suppression of evidence and jury acquittals in a range of drug charges.

What Constitutes Unlawful Search And Seizure?

Police must have a reasonable suspicion to stop or search a person, rather than a hunch or a scattergun approach. They must obtain the individual's consent to search a vehicle or home. Law enforcement must have probable cause to obtain a search warrant and the warrant must be specific as to the scope of what will be searched and what they are looking for.

Our attorneys have successfully challenged drug arrests and prejudicial evidence in drug cases by raising Fourth Amendment issues, such as the legality or execution of:

  • Pat-downs and search of personal belongings
  • Traffic stops
  • Warrantless search of vehicles
  • Use of K-9 drug-sniffing dogs
  • Entering a residence without a warrant
  • Insufficient grounds for search warrants
  • Exceeding the bounds of search warrants
  • Seizure of personal property
  • Asset forfeiture (cash, guns, vehicles, etc.)

Let's Discuss Your Case In A Free, Confidential Consultation

Our partners have handled more than 10,000 criminal cases in their roles as prosecutors and defense lawyers. They are leaders in professional organizations who have received peer accolades such as Illinois Super Lawyers and the 10.0 Superb rating from Avvo.

Contact us immediately if you have been questioned or arrested in connection to drug offenses. If you believe that your rights against illegal search and seizure were violated, we will fight to get evidence tossed out or otherwise mitigate the adverse and unfair impact on your right to due process and a fair trial.

With offices in Wheaton and Naperville, we defend clients throughout DuPage, Kane and Cook counties. You can reach Martin & Kent, L.L.C., 24 hours a day, seven days a week.