Knowing Your Rights
When you're suspected of criminal activity or under investigation, you need to know and protect your rights.
Remember that you have the right to remain silent. That is a real right. Do not try to explain yourself. Do not say anything to the police without talking to an attorney first. It does not matter if you are innocent or guilty — anything you say can be used against you and distorted in such a way that it may not even resemble what you were trying to explain in the first place.
If you have been stopped on suspicion of illegal behavior or as soon as you know that you are under investigation, it is important to consult with an experienced criminal defense lawyer. At the Law Offices of Richard J. Breibart, LLC, our Lexington search and seizure attorneys can help you with your federal weapons, drug possession, sex crime or other serious felony charges.
Search and Seizure of Vehicles
Police officers do not need much of a basis for stopping your car. But they do need reasonable and articulable suspicion to justify actually searching your vehicle. Certain procedures must be carefully followed when police search a car or home.
If the police ask to search your vehicle, it is your Fourth Amendment constitutional right to say no. A warrant is usually needed to search your vehicle. Refusing to allow a search and being clear about it means police will have to obtain a warrant to search your car — it is an extra step that sometimes officers will not want to bother with and will let you go.
There are circumstances in which your car can be searched without a warrant. In these instances, as long as police have probable cause to do a search, they can proceed. Probable cause occurs when an officer sees something in plain sight — such as a crack pipe or a bong — or notices something that would indicate you broke the law — such as the smell of marijuana. If there is nothing in plain sight to justify a search, then any drugs found during the illegal search of your car will likely be thrown out at trial.
If you have been stopped or handed a warrant to search your property and you think your rights are being violated, call us immediately: 866-645-8743. Someone is available to talk to you around the clock.
South Carolina Drug Search Attorneys Defending Against Illegal Search and Seizure
Being arrested in connection with a drug crime in South Carolina is serious business. Most charges carry the possibility of long prison sentences, high fines and other collateral consequences. But it is not uncommon in major drug cases for police or undercover agents to make mistakes during the investigation and arrest.
Throughout the years, the attorneys at the Law Offices of Richard J. Breibart, LLC, have honed our ability to successfully challenge drug charges by examining:
- The reasonable articulable suspicion provided when you were initially stopped
- If your stop was due to profiling based solely on race or ethnicity
- Whether police had probable cause to search you, your vehicle or your home
- If police followed all other proper search and seizure procedure
- How evidence was collected and processed
- The validity of evidence obtained from undercover agents or informants
We put our years of experience to work for you by filing specialized motions to suppress illegally obtained evidence.
If you are facing criminal charges and believe police may have conducted an illegal search and seizure of your property, it is important to talk with a lawyer who can help you protect your constitutional rights. For a free consultation with a drug charges lawyer at the Law Offices of Richard J. Breibart, LLC, call 866-645-8743 or contact our office via email. Our law firm defends clients from communities such as Columbia, Greenville, Spartanburg, Florence, and throughout the state.
