The United States Constitution protects people from unreasonable searches and seizures by requiring police to get a search warrant before a search is allowed. Under these search and seizure rules, search warrants are limited in their scope. They must specifically define where a search is taking place and what is being searched. When Oregon police are searching subject to a search warrant, they cannot legally expand their search to include other places or people.
If search and seizure rules are not followed, or the scope of a warrant is not respected then the search could be ruled illegal. Evidence, including evidence of drug use, that is obtained during an illegal search is excluded as evidence during a defendant's criminal proceedings. Without all the evidence, prosecutors may have a difficult time convicting the defendant.
Evidence of drug crimes is often found pursuant to a search warrant. In a recent Oregon case, investigators from various Oregon law enforcement agencies executed a search warrant on a small shed of a larger home. This shed was serving as a residence. While searching the shed, police say they found drugs, evidence of drug use and drug trafficking.
As a result of the search, two men were arrested and charged with drug charges. One man, 24-years-old, was charged with unlawful possession of methamphetamine and unlawful possession of heroin. The other man, 31-years-old, was charged with unlawful possession of hashish, unlawful delivery, manufacture and possession of meth and unlawful possession of fentanyl.
Each of the charges that these two men face is serious and could result in severe penalties. Challenging the validity of the search warrant and the search itself could result in reduced charges and punishments.
Source: The News Guard, "Drug investigation leads to two arrests," Aug. 30, 2013
