Police officers are technically agents of the state. They usually undergo training intended to teach them about the law and the rights of the citizens they serve. Their actions are subject to scrutiny, particularly when there is controversy surrounding criminal charges. Sometimes, police officers make mistakes that violate the rights of individuals or deviate from best practices. When that happens, their actions can have major implications for criminal proceedings related to drug offenses.
What are some of the most common police procedural errors that occur, and what impact can those mistakes have on drug-related criminal cases?
Errors related to physical evidence
When police officers respond to reports of criminal activity, they typically need to secure the crime scene. Doing so allows them to minimize contamination and to protect any physical evidence that can provide insight into what occurred. Failing to quickly and appropriately secure a crime scene is a common error. Officers may also make mistakes when collecting, documenting and storing evidence. Gaps in the chain of custody records for evidence can render it less authoritative during criminal proceedings. Defense attorneys and expert witnesses can raise questions about contamination and other issues related to improper evidence handling.
Mistakes related to searches
There are several key rules that govern police officers’ conduct during different types of searches. They need appropriate justification for the search that they perform. Mere suspicions of drugs do not justify a physical search of a person’s body, for example. Officers also have to follow appropriate procedures. When police officers conduct warrantless searches without justification or violate certain protocols during searches, that can raise questions about the validity of the evidence that they obtain. Attorneys can sometimes use the exclusionary rule to prevent the use of evidence gathered through illegal searches.
Miranda warning violations
The Miranda warning is a critical part of the arrest and interrogation process. Officers have to notify individuals of their basic rights by reciting the Miranda warning. Officers trying to gain insight into the local drug market may let their enthusiasm overpower their reason when interacting with defendants. The failure to advise people of their rights before questioning them while they are in state custody can prevent the prosecutor from using any statements or confessions made after the violation occurs.
People facing drug charges can often leverage procedural mistakes by police officers as a main element of a criminal defense strategy. Reviewing what occurred before, during and after an arrest with a skilled legal team can help people determine if police officer misconduct could play a role in the response to their pending drug charges.