The pervasiveness of the various "Law and Order" series on television has had an interesting influence on the culture of America. Regardless of where one lives, Connecticut or elsewhere, chances are everyone has had some exposure to the shows. That can be a good thing and a bad thing.
On one hand it affords a slight glimpse into a system that most people will fortunately never experience otherwise. On the other, a person facing drug charges is likely to be crestfallen when their Law and Order expectations don't match reality. With all the nuances possible in the legal system, it is critical to have the help of an attorney.
A case out of Ansonia may offer an example of the kind of chink that an experienced defense attorney may want to look for in order to mount a challenge against the government's case. It has to do with evidence gathering.
The matter in question involves the recent arrests of a man and woman, both 18 years old. Police say they took the pair into custody after neighbors complained about suspected drug dealing in the area. Officials say they used that information to obtain a search-and-seizure warrant for the home where the couple lives.
Officials say that upon searching the residence they discovered what they believed to be cocaine and seized more than $1,300 in cash. The man and woman were arrested. She is charged with sale of cocaine and possession with intent to sell. He is charged with the same crimes and also tampering with evidence.
In light of protections guaranteed under the Fourth and Fifth Amendments of the Constitution, the question becomes whether challenges are possible. The Fourth Amendment prohibits police from conducting an illegal search and seizure of property in the course of an investigation. The Fifth Amendment grants individuals protection against self incrimination. Simply because police had a warrant doesn't mean they executed it appropriately.
If it can be shown that the action of police violated the Constitution, evidence could be thrown out. And without evidence, a case could wind up being dismissed.
Source: CTPost.com, "Cops: Neighbors' complaints lead to drug charges," Anne M. Amato, Jan. 30, 2012
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