Illegal searches can result in false drug charges

On Behalf of | Dec 16, 2020 | Drug Charges

In South Carolina, there are a lot of people who fight drug addiction. Many of those who struggle began with legitimate opioid prescriptions. Unfortunately, this struggle often leads to arrests and serious charges.

When stopped by the police, you still have rights. If the officer infringes on your rights, no matter what they find in the process, you cannot face charges.

Do you face drug charges?

When it comes to drug charges, there are several that police may charge you with. Drug Charges in South Carolina range in severity from a misdemeanor to a felony. Drug charges that you may be facing include:

  • Possession of drugs
  • Possession of paraphernalia
  • Manufacturing
  • Trafficking

When it comes to paraphernalia, if you have syringes, rolling paper or pipes in your vehicle, it could constitute a drug charge.

Were your rights infringed on?

According to the NAACP, an officer cannot search your vehicle without reasonable suspicion. He or she must have an unbiased and clear reason to suspect that you may have drugs in your vehicle or otherwise committed a crime. If the officer searches you, he or she cannot squeeze or reach into your pockets. The officer can only search your outer clothing unless he or she feels a weapon. You do not have to empty your pockets voluntarily.

When stopped, the police must also have reason to believe that you committed a traffic violation. You do have to provide your license, insurance and registration but you do not have to consent to a search of the car. Officers can only search your car without probable cause.