Drug Charges and the Fourth Amendment

Pursuant to the Fourth Amendment of the United States constitution, all citizens are guaranteed the right to be free from unlawful searches and seizures.  Therefore, when a client is faced with possession charges, Ms. Dodson will first consider how law enforcement found the evidence indicating her client possessed drugs.  The first issue is whether or not law enforcement had a search warrant.  If they did, she will determine if it was valid or not. 

If law enforcement searched without a warrant, Fourth Amendment law requires that they have probable cause and an exception to the warrant requirement.  If Ms. Dodson finds those requirements deficient, she will draft and argue a motion to suppress the illegal drugs discovered in the search.  A legitimate motion to suppress can lead to a complete dismissal of a possession charge. 

In many cases, law enforcement engages in vehicle searches.  Vehicles offer an exception to the warrant requirement, so many officers will initiate traffic stops that end in an arrest for narcotics.  When Ms. Dodson evaluates the traffic stop, however, the arrests do not always led to a conviction.  This is because that although vehicles are offered less protection under the Fourth Amendment, traffic stops are considered a "seizure" and must withstand Fourth Amendment scrutiny.  If law enforcement initiates a traffic stop without probable cause that a law is being violated, all evidence derived from the stop will be suppressed.   

Proposition 36

If you have been charged with merely possessing narcotics, you may qualify for Proposition 36.  This program allows first or second-time, non-violent, narcotics offenders to enter drug treatment programs and earn dismissals of their criminal cases.  At any time after a client completes treatment, that person may petition the court for a dismissal of the case and be released from all disabilities and penalties of the conviction.  Furthermore, the arrest that proceeded the criminal case will be deemed not to have occurred.  

Although Proposition 36 can be a great disposition, it has a lot of disqualifying factors.  For instance, a candidate may not have a serious or violent felony conviction unless they have remained conviction free for five years prior to the instant arrest.  Possession for sales is also a disqualifier.  If the candidate possessed a firearm while they were under the influence of narcotics, Proposition 36 will be denied.  Prior felony convictions unrelated to mere possession will also disqualify a candidate, as well as a prior violent, misdemeanor conviction.  

In certain cases, Proposition 36 may not be the best option.  For instance, if a client has a great Fourth Amendment issue, or the state has a very weak case, it may be better to fight the case.  Proposition 36 is a blessing for the client that has a sincere desire to rehabilitate and live a drug-free lifestyle.  Unfortunately, some people are not ready to do this.  If a candidate fails at Proposition 36, a much harsher sentence may be imposed in the long run.   

Proposition 36 requires intensive treatment and random narcotics tests.  Few people, if any, can fake their way through this.  The defendants that try to may find themselves in a much, more difficult situation than they would have encountered with other disposition strategies.  Although there may be good arguments to make regarding 1-2 violations of the program, after the third instance, disqualification is mandatory.  There are several options for candidates that know they will not comply with Proposition 36's expectations.  Although Ms. Dodson always wants to see her clients improve their life choices and is delighted when her clients graduate, she never wants to see them serve a day in custody they can avoid serving.