People are often intimidated by drug charges because they result in immediate incarceration upon arrest. When someone is arrested and put in jail, he or she does not know what is going to happen and whether he or she will be sent to prison. This is why it is important to contact an experienced attorney who can help fight the charges.
A well-versed lawyer knows Omaha drug crime defenses and can use that knowledge to argue on your behalf. Throughout the legal process, a skilled drug lawyer can advocate for your rights to help you seek the best possible outcome.
Determining Whether Possession Was Legal in Omaha
In certain circumstances, there may be confusion regarding the legality of a person’s actions. For example, there is confusion in Omaha about cannabidiol (CBD) oil. CBD oil is derived from a part of the cannabis plant, which is where marijuana is derived. In Nebraska, marijuana is strictly illegal to use or possess.
However, individuals charged with a crime relating to CBD oil often think it was perfectly legal to use because it is sold at retail stores and does not contain THC which is the substance that makes marijuana illegal. However, the government claims it is illegal. The battle to determine whether CBD oil is legal is currently being fought in multiple counties in Nebraska.
Questioning Drug Stops
There are several constitutional issues that could arise in a drug case. When they do, a defense attorney could challenge them in court and potentially have the evidence thrown out. The best example of constitutional issues that often arise occur at interstate drug stops. If the police do not have probable cause to believe a traffic violation is taking place or reasonable suspicion of criminal activity, they cannot stop a vehicle.
Any stop of a vehicle is treated as a seizure under the Fourth Amendment of the United States Constitution. Under the rules of the Fourth Amendment, if a stop is illegal, any evidence the police find that stop should be kept out of trial. The first part of the analysis is therefore whether the traffic stop was legal. When a defense attorney confirms that the stop was legal, they can focus on whether the detention aspect of the stop was legal.
A case regarding the legality of traffic stops from Nebraska was heard in the United States Supreme Court, Rodriguez v. United States, where the United States Supreme Court determined that law enforcement can only stop a vehicle long enough to effectuate the purpose or mission of the traffic stop. They need reasonable suspicion or probable cause to continue to detain the motorist.
When they have reasonable suspicion, they can detain the individual but they cannot search without probable cause. For example, for probable cause to search a car for marijuana, police need to smell the odor of marijuana or they need a trained police canine to sniff a vehicle and then alert to indicate the presence of narcotics. That gives the law enforcement officer probable cause to search the vehicle. If they do not have probable cause to search the vehicle, they need to get a search warrant.
Discuss Omaha Drug Crimes Defenses
An individual facing drug charges in Omaha should contact an attorney immediately. A defense attorney can protect your constitutional rights, freedom, and your future. Call Berry Law today to discuss Omaha drug crime defenses.