Drug Possession

Drug Possession

Tactics Used by Law Enforcement in Drug Cases

Once law enforcement officials believe they have enough evidence to charge someone with a drug related offense they often will delay the charges, seeking instead to cast their net wider to become able to include other individuals in the charges. They do so by trying to convince their first suspect(s) to give up the names of other dealers or users and, often seeking to engage that suspect in future drug purchases. In this way they can build a small case into a much larger case. This often this also create entrapment issues that the defense may be able to argue to defend the individuals.

When put under this type of pressure though, suspected individuals often do cooperating under the mistaken belief that they will not be charged. The fact is that charges may not be filed immediately (perhaps even a year or longer) but odds are they will come unless the cooperation is handled by counsel properly in a proffer agreement with the prosecution to provide him with immunity.

Moreover he use of individuals who face charges of their own, often means they are motivated to come up with some evidence against others – whether it truly exists or not. In the end it is not uncommon to hear of authorities violating constitutional rights to be free from warrantless searches and seizures or Fifth Amendment rights regarding interrogation. These issues can often be the backbone of the defense in suppression of evidence and /or statements which is critical.

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