When Can Drug Evidence Be Suppressed?
Suppression of evidence is one of the primary legal protections afforded to criminal defendants in the United States. Excluding evidence obtained in violation of law or tainted due errors on the part of law enforcement gives teeth to the Fourth Amendment’s constitutional guarantees. Without the exclusionary rule, law enforcement would have little incentive to respect your constitutional rights. Drug evidence seized due to an illegal traffic stop, pat down, or unlawful search must generally be excluded from consideration during post-indictment proceedings. The court must assume the evidence doesn’t exist, and the suppression of drug evidence often results in a dismissal of any drug-related charges against you.