Unlawful Searches and Seizures


A good deal many of the cases Joshua S. Davidson, a Phoenix Marijuana Defense Attorney, handles involve police-conducted searches. These searches tend to include a defendant’s home, vehicle or belongings but are sometimes conducted without a search warrant.

4th Amendment To U.S. Constitution

While you are protected from unreasonable searches and seizures with the Fourth Amendment of the U.S. Constitution, there are some instances that allow police to search your person or your belongings without getting a valid search warrant. Should the court, later on, rule the search was not legal (and required a search warrant), any damaging evidence – marijuana, cocaine, meth or other illegal substance – that is found will be deemed inadmissible. This means the prosecutor could decide to dismiss the case entirely.

Phoenix law about warrantless searches is constantly changing. Davidson knows that to get the best possible outcome for his clients and suppress evidence in warrantless searches, he needs to stay up to date on the new legal developments. Of course, being able to recognize an illegal police search is important to having an effective legal defense against a marijuana charge in Phoenix.

Mr. Davidson was a previous marijuana offense prosecutor and litigated many challenges in court regarding warrantless searches by police. This previous work enables him to thoroughly review all cases for any possible police misconduct that could cause the court to reduce the charges or dismiss them altogether.

6 Common Exceptions Of The Search Warrant Requirement In Marijuana Cases In Phoenix.

There are some common exceptions to Phoenix’s search warrant requirement in marijuana cases. These are:

– Inventory searches of vehicles before it’s police-impounded

– Searches of persons carried out to “arrest incident”

– Searches conducted with individual consent

– Probable cause search of individual’s vehicle

– Pat down for weapons where officer has concerns for safety

– Searches for evidence that’s subjected to destruction

Too often police were carried out an illegal search, trying to justify the search so they have the right to charge you with a drug-related crime.  If you have been charged with a marijuana crime in Phoenix, it’s important you get the best possible defense. And, with the Law Offices of Joshua S. Davidson by your side, you can be sure that your charge will be thoroughly investigated. If any police conduct is found, Davidson will aggressively fight for evidence, and your case, to be dismissed. With his experience has a former marijuana prosecutor, he can aggressively fight for you and your rights, confronting any unlawful police tactics in your case. Call him today if you’re facing a marijuana-related charge and get a free initial consultation.

Categories : Criminal Law

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The Arizona Defense Law Blog is published by Phoenix DUI and criminal defense attorney Joshua S. Davidson. Nothing on this website is intended to create an Attorney-Client relationship and the information provided herein is for general information purposes only.


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