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Possible Defenses against Drug Possession

Even outside the state of Tennessee, law enforcement tends to take a zero-tolerance policy regarding drug possession charges. But while the notion of facing a drug possession charge can seem overwhelming and hopeless, solid legal defenses against drug possession charges do exist.

drug possession and arrest

It should be stressed that anyone facing drug possession charges has the right to seek professional legal assistance, regardless of the situation in question. Never be afraid or ashamed to ask for a lawyer, especially in situations as serious as those involving drug possession charges.

Possible Defenses

  • The Drugs Belong To Someone Else

This defense has long suffered from being a stereotype excuse in movies and television: suspect gets caught with drugs, try to claim they belong to someone else, and law enforcement officials dismiss the idea as silly and ineffective.

But stereotypes exist for a reason, and it’s always possible the drugs in question came into a person’s possession through no fault of their own. The burden of proof falls to legal prosecutors, which means if you can provide enough information as to how the drugs came into your possession unintentionally, the defense might hold up against prosecution.

As a possible trick to avoiding such a situation, always check your bags and belongings before traveling and be wary of anyone asking you to hold items for them.

  • Illegal Search

How did law enforcement officials discover the drugs? Did they follow the correct legal procedures for searching? Did they inform you of the situation? What led them to suspect the possibility of possession in the first place?

The Fourth Amendment of the U.S. Constitution protects citizens from being subjected to unlawful searches/seizures by law enforcement officials. While the Fourth Amendment does not provide blanket protection against all searches, it does require law enforcement officials to obey search and seizure protocols.

In other words, law enforcement officials do not have the ability to randomly pull a person over, pull them out of their vehicle, and then force their way into the vehicle’s trunk without following the correct protocols.

  • Entrapment

Entrapment works on the basis of the individual accused of a crime only did so because they were enticed to do so by law enforcement officials.

For example, an undercover officer could ask a person if they want to buy drugs and continues to badger the person about buying drugs until they do so, at which point the undercover officer arrests them for drug possession.

Law enforcement professionals engage in work that can be dangerous and difficult, but that reality does not give them the right to solicit citizens into breaking the law in the name of making arrests. If you believe such a situation occurred, entrapment can be a good defense.

  • Medicinal Usage

This defense does not apply to every situation of drug possession, as many designer drugs carry no medicinal usage. Depending on the state in question, substances like marijuana might be permitted for medicinal usage, although license and certification may be required for possession and usage.

Murfreesboro Defense Attorney

It’s important to have strong legal defenses against drug possession charges. Top criminal defense attorney David Clarke has the experience and knowledge to launch a formidable defense on your behalf. Contact The Clarke Law Firm today and let us employ our legal expertise to ensure your rights get respected.