Understanding Your Fourth Amendment Rights in Drug Cases: Illegal Search and Seizure Defense

One of the main ways in which law enforcement officials collect evidence relating to a drug crime charge is through a search of the suspect’s person, vehicle, or home. Police need to abide by the protections outlined in the Fourth Amendment, which protects citizens from unlawful search and seizure.

If the police conduct an unlawful search and find a controlled substance or marijuana, they cannot use this as evidence when bringing a drug crime against you. Unfortunately, it’s common for illegal searches to end in arrests and unlawful prosecutions.

Because of this, it’s essential for you to contact a New York attorney if you were subject to any kind of search and seizure which led to your arrest. Spodek Law Group is a group of excellent lawyers who can help you understand your options and provide a criminal defense if necessary.

Rights Under the Fourth Amendment

The Fourth Amendment to the Constitution states that people cannot be subjected to search and seizures by law enforcement unless the law enforcement official has a warrant. For a search to occur legally, the law enforcement official must have a warrant from a judge along with a reasonable belief that a crime has been committed.

Judges cannot issue warrants without probable cause. Probable cause exists only when the circumstances show that the location of the search is likely to yield whatever object the law enforcement officials are looking for.

OxyContin Possession

OxyContin and other oxycodone brands are controlled substances that are only available lawfully with a physician’s prescription. If you possess these substances without a prescription, you might be charged with seventh degree possession of a controlled substance. This OxyContin-related charge is a misdemeanor rather than a felony, and carries a maximum penalty of one year in jail.

Felony Possession Charges

Multiple possession crimes are felonies, however.

Fourth Degree Possession:

• If you possess at least 1/8 of an ounce of a narcotic drug or OxyContin
• Classified as a C felony
• Maximum penalty of fifteen years imprisoned

Third Degree Possession:

• If you possess 1/2 of an ounce of a narcotic drug or OxyContin
• Qualifies as a B felony
• Maximum penalty of twenty-five years imprisoned

When you have at least four ounces of OxyContin, the penalties become so steep that you might be imprisoned for the remainder of your life. The charge is second degree criminal possession, which is an A-II felony. If the amount is eight ounces or more, you’ll face a first degree possession charge. Both of the maximum penalties for these charges include life imprisoned.

Offenses for Selling OxyContin

Dealing drugs carries far more serious penalties than possessing drugs, according to the New York Penal Code. All selling offenses are felonies.

Third Degree Criminal Sale

Third degree criminal sale of a controlled substance is the minimum possible charge that you might be subject to if you sell a narcotic drug or OxyContin. This is a B felony with a maximum sentence of twenty-five years in prison.

More Serious Selling Charges

Second degree criminal sale of a controlled substance is considered an A-II felony and carries a maximum penalty of life in prison. This charge is leveled against people who sell at least .5 ounces of a narcotic or OxyContin.

First degree criminal sale of a controlled substance is the most serious charge, and also carries potential penalties of life in prison. This charge will be leveled against you if you sell at least two ounces of OxyContin or another narcotic.