Some drug charges in Virginia follow lengthy criminal investigations. Accusations of trafficking and manufacturing often arise after significant, months-long investigations conducted by local or federal law enforcement professionals.
Other times, minor drug charges may follow a chance encounter with law enforcement professionals. Some people get arrested because police officers can smell drugs in a vehicle during a traffic stop. Others face prosecution because police officers conduct searches and locate drugs during an unexpected interaction.
Some people get arrested due to a stop-and-frisk interaction with Virginia police officers. Those cases may sometimes allow for the suppression of the state’s evidence.
Officers can’t randomly frisk individuals
Both state laws regulating police officer conduct and prior rulings from federal courts limit the right to randomly search people in public. Generally speaking, police officers can search people when they have their permission or when they have already arrested the person and intend to take them into state custody.
In a stop-and-frisk scenario, an officer must reasonably believe that a crime has occurred and that the person they suspect of the crime may have a dangerous weapon in their possession. Officers cannot simply search a person to look for drugs. They can only conduct a cursory pat-down to check for a dangerous weapon.
If an inappropriate physical search occurred, a defense attorney may be able to suppress physical evidence during a criminal trial. Reviewing the conduct of police officers with a skilled legal team can be beneficial for those facing drug charges. When police officers violate the rights of individuals, their conduct can impact the state’s ability to prosecute that person later.