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Orlando Criminal Lawyer

Challenging Probable Cause In Drug Possession Cases: Insights From Orlando Defense Lawyer


Were you arrested and charged with drug possession? It is a serious criminal matter that can carry stiff penalties—potentially even a lengthy prison sentence. You have the right to defend yourself against a drug possession charge. Challenging probable cause is one of several possible defense strategies. In this article, our Orlando drug possession defense lawyer highlights the key things to understand about challenging probable cause in a possession case.

What is Probable Cause? 

The Fourth Amendment to the United States Constitution protects people against unreasonable searches and seizures. Probable cause, as defined in the Fourth Amendment to the United States Constitution, is the legal standard that law enforcement must meet before conducting a search, seizure, or arrest. In effect, probable cause necessitates that police have sufficient reason based on known facts or evidence to believe that a crime has been committed. 

Why Probable Cause is Such a Key Issue in So Many Drug Possession Cases 

Probable cause is a critical issue in drug possession cases largely due to the nature of these offenses. In many cases, alleged drug possession is detected during routine traffic stops, home searches, or stop-and-frisks. Notably, the law enforcement officer’s initial intrusion must be justified.

In many instances, drugs are found as a result of searches that were initiated based on some other form of probable cause—like a broken tail light or suspicion of another crime. If law enforcement fails to establish this initial probable cause, any evidence found during the subsequent search, including drugs, may potentially be suppressed in court.

How to Challenge Probable Cause in a Drug Possession Case in Florida 

Challenging probable cause in a Florida drug possession case requires careful attention to the specific circumstances surrounding the search and seizure. Your Orlando, FL criminal defense lawyer must review and scrutinize the facts of the case to identify potential constitutional violations. The most common defense tactic in these cases:

  • File a Motion to Suppress: If the judge grants this motion, the prosecution cannot use the suppressed evidence at trial. The motion argues that law enforcement either lacked the sufficient basis for probable cause, or they overstepped the bounds of what would be a reasonable search or seizure.

For example, if drugs were found during a traffic stop, the defense could argue that the stop was not justified, or that the officer did not have reasonable suspicion to search the vehicle. If the drugs were discovered during a home search, the defense might challenge the validity of the search warrant, or argue that the search exceeded the scope permitted by the warrant.

The Bottom Line: Challenging probable cause hinges on thorough analysis and strategic argumentation of the events leading to the arrest. You need legal guidance and support from an Orlando defense lawyer who is experienced in navigating the complexities of probable cause in drug possession cases. 

Contact Our Orlando, FL Drug Possession Defense Attorney Today

At The Baez Law Firm, our Orlando criminal defense lawyer has extensive experience defending complex possession charges. If you have any specific questions about probable cause in a drug possession case, we can help. Contact us today for a completely confidential case review. From our Orlando office, our firm defends the full range of drug possession charges all across Central Florida.

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