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Federal Criminal Defense Attorney
John D. Kirby in San Diego, CA

If the authorities have accused you of drug possession, there are certain things that you should NOT do/say under any circumstances. John Kirby Law, a respected defense attorney in San Diego, covers in detail the things to avoid when facing a drug possession accusation, and instead have a lawyer handle for you.  

Do Not Consent To a Search

The 4th Amendment protects you against unlawful search and seizure. The only time a police officer can conduct a lawful search is when he has a warrant, has probably cause, or has your consent. If a policeman shows up at the door of your car or home without probable cause, he must obtain your consent – and it is your right as an American citizen to respectfully decline his request.

If a police officer asks if you have something to hide, or intimates that he might need to summon a drug-sniffing dog, tell him that you understand he’s just doing his job, but that you do not consent to a search. By not consenting to a search, the officer lacks the probable cause to actually conduct the search.

Note that avoiding a drug charge by not consenting to a search is more difficult when a vehicle is the subject of the search request. This is because anything a policeman sees through a vehicle’s windows or smells coming from the vehicle gives him probable cause to search the entire vehicle, including the trunk.

Do Not Physically Resist Or Fight the Police

Denying a consent to search does not necessitate fighting with or getting physical with a police officer. Always be calm and respectful towards the authorities, even if they appear angry at your refusal to allow a search. When denying a consent to search or asking if you’re free to leave, always do so courteously.

Do Not Write Or Sign a Statement

During their quest to pursue a drug possession accusation, the police might ask you to write and/or sign a statement. Do not do either of these things without first consulting a lawyer.

Do Not Willingly Offer Body Samples

The police are within their right to request a breath, blood, hair, semen, or handwriting sample, and you are within your rights to refuse this request. However, note that the police may decide to request a judicial order that compels you to provide these samples.

Do Not Speak Freely With The Police

If a police officer places you under arrest for suspicion of drug possession, he’ll read you your Miranda rights. The first right is the “right to remain silent”, which you should observe whenever you’re asked a question related to the arrest. The best response to any questions is, “I won’t answer that question until my lawyer is present.” Bear in mind that “anything you say or do can be used against you”, so do not offer additional information until your lawyer is available.

A drug possession accusation is unsettling, but there are things you can do to preserve your rights. Keep in mind the above advice and call John Kirby Law, a seasoned drug lawyer serving Southern California if you need representation.

CategoryCriminal Law