The 4th amendment typically applies to police searches involving drug crimes. The 4th Amendment of the Constitution of the United States protects citizens from unreasonable searches and seizures. Heroin Crimes So, when exactly can police search an individual, specifically a person's vehicle? There are several ways a police officer can obtain legal authority to do so. The first is the long drawn out process of obtaining a search warrant. The officer must outline specifically where they will be searching and must provide a reason or justification as to why the search is necessary, and a judge must sign off on the search. However, this is not how most officers obtain legal authority to search an individual's vehicle. Most searches are based on probable case (PC) alone. PC is essentially certain factors are present during an interaction with police that leads the officer to believe a crime has been committed. This gives the officer a reasonable ground to base the search off of. For instance, a very common form of PC is the presence of marijuana odor admitting from the individual's vehicle. If during the course of a traffic stop, the officer detects the odor of marijuana, that officer can use the presence of the marijuana odor as PC and search the vehicle without needing a warrant.
One of the most common Drug Crimes in the Commonwealth of Pa is the crime of Possession of a drug with the intent to deliver. Drug crimes can range from simple possession of a controlled substance to possession with intent to deliver (PWID). Under title 35 of the health and safety act, PWID is a felony and carries with it substantial penalties if convicted. meth crimes In order to be charged under this statue, the Commonwealth needs to establish that there are a number of different factors in play that would bump the charge up from simple possession to PWID. Because it is really hard to prove exactly what someone's intentions are, these factors are usually based on circumstantial evidence. For instance, the amount of the drug found in possession is a key factor. The threshold amount for the charged to be upgraded varies from drug to drug. In the case of marijuana, anything more than thirty grams can bump up the charge to PWID. For cocaine, the threshold amount is two grams and above. For heroin, the threshold amount would be just one gram. As the amounts go higher and higher above the threshold, the harsher and lengthier the prison sentences become.
One term that comes up frequently in the realm of Drug Crimes and criminal defense is the term Controlled Buys. intent to deliver narcotics Controlled Buys are the process by which law enforcement uses a confidential informant or an undercover officer to purchase a controlled substance from a suspected drug dealer. The reason that controlled buys are important in the realm of Drug Crimes is because controlled buys are one of the biggest weapons that law enforcement uses to arrest drug dealers. Specifically, a control buy works in the following manner: First, a confidential informant or undercover police officer identify a suspected drug dealer to law enforcement that they believe they can purchase drugs from. Second, the confidential informant contacts the drug dealer on a cell phone and sets up a time to purchase narcotics typically in a public place. Third, the confidential informant is searched by the police to make sure that he doesn't possess any drugs and also to make sure that there are no drugs in the CI's car. Finally, the CI meets the drug dealer purchases drugs and soon after gives the suspected drugs to the police.
One of the biggest issues in Criminal Defense are Drug Crimes and Recovery. Frequently, there are two different types of criminal defendants charged with Drug Crimes: those that are in the business of dealing drugs and do not use them and those that are addicted to drugs. Heroin This blog will deal exclusively with drug charges involving people who are addicted to drugs and who should strongly consider Recovery. Many counties, including the counties of Chester, Delaware, Lancaster, Berks and Montgomery Counties have various programs created to assist addicts recover from their addictions. These programs are known as Drug Court and Recovery Court. And many of these programs enable criminal defendants to receive lighter sentences and in some cases the complete withdrawal of all criminal charges.