07 Jun Was there an unlawful search and seizure in a recent SUV search?

On behalf of Jack B. Rubin, PA posted in Drug Charges on Saturday, June 7, 2014.

American citizens are protected by the Fourth Amendment of the Constitution. This amendment protects Maryland residents from being searched without probable cause. Despite what many believe, probable cause goes beyond what authorities simply suspect. There must be verifiable facts to back up an officer’s search. Otherwise, accused individuals may have been subjected to an unlawful search and seizure, which may be the case with a recent incident in Maryland.

An anonymous tip phone call was reportedly made to authorities late one afternoon. The call was regarding a woman driving her vehicle under the influence. The caller said that she had a child inside the vehicle.

Authorities followed up on the call. They found an SUV at a local library. When authorities approached the SUV, the woman said that they were changing their clothes. However, police say that all signs pointed toward someone on drugs.

Authorities searched the woman’s vehicle. They purportedly located a bag of what they suspected to be heroin. They also found a hypodermic needle in a separate location of the SUV. However, they allegedly found more needles and suspected heroin together.

The woman is now being charged for drug possession and possession of drug paraphernalia. She further received a citation for driving with a suspended driver’s license. Her 9-year-old daughter was released into the care of her grandfather.

If it can be proved beyond a doubt that an unlawful search and seizure occurred, this woman may be able to have any alleged evidence that was obtained from the search dismissed. Authorities are known to overstep. When they do, it is a violation of an individual’s rights. Every accused individual in Maryland has the right to defend his or her constitutional rights.

Source: capitalgazette.com, “Woman charged with having heroin in SUV with 9-year-old”, Ben Weathers, June 2, 2014