Drug cases often turn on evidence issues. How police obtained evidence, chain of custody, and lab analysis can all be challenged.
Key Takeaways
- Fourth Amendment protects against illegal searches
- Suppression motions can exclude key evidence
- Lab analysis must meet standards
- Constructive possession raises complex issues
Common Defense Strategies
- Motion to suppress based on illegal search
- Challenge identification of substance
- Contest knowing possession
- Attack chain of custody
"Constructive Possession": It Wasn't On Me
Police find drugs in the center console of a car with four people. Who gets charged? Often, everyone. This is "Constructive Possession"—the theory that you had knowledge of the drugs and the ability to control them.
Defeating this charge requires showing you didn't know they were there (e.g., you were a backseat passenger in an Uber/friend's car) or that someone else had sole control. Mere proximity is not enough for conviction, but it IS enough for arrest.
Intent to Distribute (PWID)
Possession with Intent to Distribute is a felony. Police bump "Simple Possession" up to PWID based on factors like: quantity (more than personal use), presence of scales/baggies, large amounts of cash, or having multiple cell phones. We fight to knock these down to misdemeanors by showing the quantity was consistent with heavy personal use (a "bulk buy" for personal savings).
Fourth Amendment Defense: The Stop
Drug cases are rarely won by saying "those aren't my drugs." They are won by saying "the police had no right to look there."
Did the officer have "Reasonable Suspicion" to stop you? Did they have "Probable Cause" to search your pocket? If they ordered you out of the car, was it justified (Pennsylvania v. Mimms)? We file Motions to Suppress Evidence. If the judge agrees the search was illegal, the drugs are excluded from evidence. No drugs = No case.
Your Freedom is On the Line—Don't Wait
Criminal charges move fast. The decisions you make in the first 24 hours—like speaking to police or consenting to a search—can decide your future. We are available for urgent legal representation.
We offer a free, confidential consultation to discuss defense strategies.
Speak to a Defense AttorneyIs Marijuana legal in DC?
Possession of up to 2 ounces is legal for adults 21+ on private property. HOWEVER, it is still a federal crime. If you are arrested by federal police (Park Police, Capitol Police, Secret Service) on federal land (Traffic Circles, National Mall), you can be charged federally.
Disclaimer: This article is for general information only and is not legal advice.