Law Office ofP. Zachary Stewart

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Legal representation in Weirton, West Virginia

Putting out fires

There’s an old saying that where there is smoke, there’s fire. A West Virginia State Police Trooper was recently driving down a residential street when he smelled marijuana smoke coming from one of the houses.

A short while later, a State Police spokesperson announced that two people inside the residence had been arrested on drug charges. Their arrests led officers to a second house a short distance away where four more people were arrested and charged with drug offenses as well.

The spokesperson told a TV station that people inside the second residence were destroying evidence that consisted of more marijuana. Police say they recovered an undisclosed amount of marijuana in the home, as well as $11,347 in cash and $3,753 worth of prescription medications.

While that might all sound fine to many people, an attorney experienced in drug defense will want to know if police had search warrants when entering the two homes. If not, were officers granted permission to enter the residences?

Many other questions related to Fourth Amendment rights protecting Americans from unreasonable searches and seizures would be part of a skilled, experienced attorney’s investigation of the arrests. We know that in many similar circumstances, courts have found that police unlawfully entered homes and that as a result, evidence gathered in the searches and seizures was inadmissible.

Without that evidence, a prosecutor’s case will in many instances vanish. You can speak with a Weirton criminal defense attorney about evidence in your case involving allegations of drug possession, drug trafficking or drug manufacturing.

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