Drug offense prosecutions almost always involve a police search which are sacredly protected by the Constitution. The Fourth Amendment states that all persons shall be free from unreasonable searches and seizures. There is no higher law in the land of this country. Therefore, almost every drug case has a constitutional issue which must be professionally evaluated and possibly challenged in court.
Consent in Law Enforcement Search and Seizures
For instance, many law enforcement searches are by consent. Consent is by far the most common reason for a police search. Officers are very aware of their persuasive authority and will request consent to search even if they have no reasonable suspicion that a crime is being committed. Only if that consent is unconditional and unequivocal, will the search be valid.
Consent can be revoked too which every person should be aware. Ultimately, I suggest that under no circumstance, should any person consent to a search of their person, vehicle or home. Even if there is nothing to hide, it is everyone’s sacred constructional right to be free from a search unless accompanied by a warrant outlining probable cause.
Unlawful Search in Ypsilanti, Michigan
I recently helped a person who was the victim of an unlawful search by an Ypsilanti police officer. Officer Anderson said he saw a folded up business card with my client’s belongings. The officer demanded that my client give him the piece of paper and my client refused. In response the officer took the folded business card, opened it up and found a controlled substance.
In March of 2016 Washtenaw County Circuit Judge Carol Kunhke listened to the facts of the case, heard the officer testify and decided that Officer Anderson’s demand to look inside the paper was an unlawful search. Cops can’t just tell you they want to see what is in your hand, car, pocket, or in your things like, in this case, a business card. A mere suspicion is not nearly enough. Just because, based upon his experience, that is often how “drugs are often kept;” a search of my client’s things is not warranted.
Drugs Denied as Evidence
Since the judge suppressed the search, the drugs found were no longer able to be used as evidence and therefore, the felony charge for possession of a controlled substance was dismissed. That decision, of course, made for a very happy client and stands for another example of how a good criminal defense lawyer will protect individual constitutional rights.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”