Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Search and seizure laws influence the rights of defendants, shaping the course of judicial proceedings. The Ikerd Law Firm is committed to helping defendants understand these laws so they can assert their rights effectively.
Call (337) 366-8994 for a consultation.
Search and seizure protocols are governed by both the Fourth Amendment of the U.S. Constitution, as well as the Louisiana Constitution and Louisiana state laws.
In Louisiana, the law generally requires law enforcement officers to have a warrant to legally conduct a search. This warrant must be issued by a judge or a magistrate and is based on a written affidavit showing probable cause.
However, drug cases in Louisiana often involve unique situations that might allow officers to bypass this warrant requirement under what are known as exigent circumstances.
Exigent circumstances occur when the situation demands immediate action. In drug-related cases, one common exigent circumstance is the imminent danger of evidence being destroyed.
For instance, if law enforcement believes that drugs are likely to be flushed down a toilet or otherwise disposed of as soon as the suspects become aware of police presence, they may perform a search without a warrant to prevent loss of evidence.
Another scenario could involve a situation where the police are in hot pursuit of a suspect who runs into a private residence. They can enter the residence without a warrant in order to apprehend the suspect.
Probable cause to search exists when the facts and circumstances known to the officers provide a basis to believe that a crime has been, is being, or is about to be committed. That evidence relevant to that crime can be found in the place to be searched.
In drug cases, probable cause might be established through various means, such as surveillance, informant tips, or the detection of the smell of narcotics.
For example, if police detect the strong smell of marijuana coming from a vehicle during a traffic stop, this can constitute probable cause to search the vehicle without a warrant.
Knowledge of your rights and the legal standards that police must meet can impact the defense strategy.
If a search was conducted illegally—without a warrant where one was required or without probable cause—any evidence obtained as a result might be suppressed. This means it cannot be used against you in court.
The Ikerd Law Firm specializes in navigating these complex legal waters. We make sure that your rights are protected and offer the best defense possible based on the specifics of your case.
Be calm and assert your rights. Ask to see the warrant and clarify what the officers are searching for. Ask the officer “why” they are searching you or your vehicle/house. They may not respond, but if they do, mentally note the reason given. But remember, anything you say can be used against you, so it’s wise to speak through a lawyer.
If you believe an illegal search has occurred, document everything and communicate this to your attorney. Your attorney can challenge the admissibility of any unlawfully obtained evidence.
Illegally obtained evidence is subject to the Exclusionary Rule, which prevents such evidence from being used in court. This rule is protection for defendants. This also ensures that violations of constitutional rights do not lead to unjust convictions.
The suppression of key evidence can affect the outcome of a drug case, potentially leading to reduced charges or even dismissal.
Having an experienced attorney is indispensable in navigating the complexities of search and seizure issues.
Defense strategies may involve challenging the probable cause for a search, contesting the way evidence was collected, and arguing against any procedural errors made during your arrest or search.
Understanding your rights in the context of search and seizure laws is crucial for protecting your interests in any drug-related case in Louisiana.
The Ikerd Law Firm offers expert legal guidance to ensure fair treatment under the law and the best possible outcome for your case.
Contact us to discuss your case and learn how we can assist you in navigating these legal challenges.
