If you are facing drug charges, one of the things that you can attempt to do is attack the prosecution’s case. The point of this is to discredit the prosecution and to argue that certain evidence should not be used against you.
There are a few different ways to get evidence suppressed in a drug case, but the most common is to show that the evidence was collected with an illegal search and seizure. For example, if you were stopped on the highway and an officer searched your vehicle, you may be able to show that there was no legal reason for that stop to take place. Therefore, the evidence should not be allowed to be used in the case, since it was collected illegally.
Suppressing evidence with chain of custody arguments
Another common way to suppress evidence is to argue that the chain of custody was broken. For example, if the evidence should have gone from the officer to the lab and then into storage, you could argue against the evidence being admitted if it instead went from one officer to another before being transferred to the incorrect facility or incorrect storage area. Any mistakes in a chain of custody could lead to evidence being tainted, and that is a good argument for suppressing it.
Missed your Miranda Rights? The evidence may not be admissible
Another time when you may be able to suppress evidence is if you were not read your Miranda rights. If that happens, then you may be able to argue that you made statements or confessions that shouldn’t be admissible. On top of that, if your statements led to the officers finding evidence, that evidence might need to be suppressed, since you didn’t have your rights read to you before being interrogated or questioned.
Suppressing evidence could help you protect yourself and win your case
These are a few ways you may be able to suppress evidence in a drug case. If you are facing charges now, it’s a valid choice to look into these options and determine if one of them may help you.