Seemingly minor interactions with police can sometimes lead to more serious criminal charges. Police may pull someone over for a traffic violation, search a vehicle and find drugs. Or police can search a home looking for drugs, but also find weapons. In both of these situations, or similar scenarios, police have to have some reason to conduct a search. Search and seizure rules require police to have probable cause to conduct a search. In most situations, police need a warrant to conduct the search.
Recently, police searched one Oregon business looking for a phone, but ended up charging a man with drug charges. In this case, a woman apparently reported her iPhone as missing. She had an application on her phone that would share the location of the phone if it was to become lost or stolen.
Apparently, the application was showing that the phone was in a convenience store. She reported the information to the police. One police officer went to the store and called the phone. According to the officer, a 23-year-old man had the phone. Police said that when the officers searched the man, they found more than just the phone. They allegedly found heroin residue and drug paraphernalia as well.
While the man was already on probation for aggravated theft, new criminal charges have been filed. As a result of this incident, the man has been charged with heroin possession, theft and burglary.
In these situations, it is important for those accused of a drug crime to ensure that all search and seizure rules were followed. If any rules were not followed, then evidence collected cannot be used in court. However, it is also important for people to remember police will also use the person's conduct as evidence. Things that are said to police after a suspect is read his or her Miranda rights can be used in court. Those searched should request an attorney before speaking with investigators.
Source: KGW, "'Find my iPhone' app leads to drug arrest," Jeff Thompson, Sept. 27, 2012
No Comments
Leave a comment