Drug Arrests in San Leandro
Oftentimes, experienced defense attorneys representing someone who has been charged with possessing a controlled substance look into the circumstances surrounding the individual’s arrest to determine if there were any violations that occurred. This is because law enforcement can make significant errors during drug arrests in San Leandro.
If a police officer makes a constitutional error during an arrest, a skilled lawyer could use that as grounds for a reduced penalty or request the case be dismissed entirely. If you have been charged with a drug offense, it is highly advisable to seek legal guidance right away.
Arrest Procedure for a Drug Offense
The typical arrest procedure for drug offenses in San Leandro are similar to arrest procedures for many other crimes. The process depends on whether or not the police have a warrant or if this was conduct that occurred in the presence of law enforcement. Oftentimes for serious drug cases, law enforcement secures a search or arrest warrant after investigating and individual for a while, maybe by using undercover officers or controlled buys. If police have gathered enough data to generate probable cause for an arrest, they can issue a warrant to arrest the individual. Otherwise, the police officer will apply for a search warrant with the judge in order to obtain additional evidence that can lead to an arrest for a drug crime.
Another way someone could be arrested for drug charges is if the police officer has reasonable suspicion to stop him or her and during the course of the investigation, develops probable cause to arrest him or her. For example, if a law enforcement official stops someone for having an expired registration and notices drugs and drug paraphernalia in the vehicle – like a meth pipe and a baggie of drugs in the cup holder, that would generate probable cause to effectuate an arrest because the officer has personally observed the controlled substance in the defendant’s possession.
Can the Type or Quantity of a Controlled Substance Affect the Arrest Process?
The quantity of a drug can substantially impact how local law enforcement approaches an arrest. It comes down to whether the possession of the controlled substance is for personal use or intended for distribution.
Someone who possesses drugs for personal use is not going to be the subject of a long-term law enforcement investigation. More likely, someone will be stopped for a reason unrelated to drug use and over the course of a police officer’s interaction with the individual, he or she develops probable cause to determine that the individual has something on their person or is under the influence. This could also be the case for charges related to possessing paraphernalia. Paraphernalia would include, but are not limited to, crack pipes, meth pipes, and foil with residue.
On the other hand, someone who is manufacturing, transporting, or selling drugs might be the subject of investigation for months, sometimes even years before the police secure a search or arrest warrant.
Discuss Drug Arrests with an Attorney in San Leandro
If you or a loved one were arrested for possessing a controlled substance, you could benefit from reaching out to an accomplished defense attorney. A well-practiced lawyer understands the requirements for officers making drug arrests in San Leandro and could determine whether any critical errors are present in a case. An attorney could build a defense that could minimize your potential penalties or possibly have your case or certain evidence dismissed. To learn more about how an attorney could help you, call today and schedule a free consultation.