How DEA Defense Lawyers Use Motions to Suppress Evidence in Drug Cases

How DEA Defense Lawyers Use Motions to Suppress Evidence in Drug Cases

When defending clients against drug charges brought by the Drug Enforcement Administration (DEA), one of the most powerful tools at a defense lawyer’s disposal is the motion to suppress evidence. These motions aim to have evidence that was obtained illegally excluded from the prosecution’s case. If successful, they can sometimes lead to charges being dismissed entirely.

What Is a Motion to Suppress Evidence?

A motion to suppress asks the judge to keep out evidence that the police or prosecutors obtained through an unconstitutional search or seizure. The Fourth Amendment protects us from “unreasonable searches and seizures” by the government. If the cops violate your Fourth Amendment rights when gathering evidence against you, filing a motion to suppress is how your lawyer fights back.

Types of Motions to Suppress in DEA Cases

In DEA drug investigations, common motions to suppress target evidence obtained through:

• Illegal traffic stops and car searches
• Faulty search warrants
• Coerced consent to search a home
• Violations of Miranda rights during questioning

Basically, if the DEA cut corners while building a case against you, your defense lawyer will try to make that evidence disappear.

Using Motions to Suppress to Fight Faulty Warrants

One of the DEA’s favorite tools is the search warrant. Getting a judge to sign off on one isn’t too tricky when drugs are in the mix. But sometimes agents fudge facts or leave stuff out of warrant applications. Other times, the warrant itself gives them permission to search broader than what the law allows.

When a defense lawyer spots defects in a search warrant or how it was executed, they’ll challenge it through a motion to suppress. If the judge agrees the warrant was illegal or overly broad, then any evidence seized gets kicked to the curb.

Fighting Vehicle Stops and Searches

Going after bad vehicle stops and searches is another way DEA defense lawyers use suppression motions. The Constitution says cops need “reasonable suspicion” before pulling you over. Then they need separate justification like “probable cause” or consent to search your car. But eager agents sometimes skip steps.

By picking apart the reason for the traffic stop or attacking the basis for a vehicle search, skilled lawyers can get vital evidence barred from trial. Things like drugs found in secret compartments, statements made after an improper stop, etc. This puts the prosecutor in a hole, making charges tougher to prove.

Using Miranda Violations Against the DEA

When questioning suspects, DEA agents must follow strict Miranda procedures. They have to formally advise you of your rights before asking potentially incriminating questions while in custody. If they don’t, your lawyer will claim a Miranda violation and seek suppression of any self-incriminating statements you made.

While Miranda applies mainly to confessions and admissions, excluding them can still weaken the prosecution’s trial position. It also highlights sloppy police work for the judge or jury, undermining the credibility of other evidence.