Police Seizures After Confession to Drug Crimes

When drugs are involved in crimes, law enforcement officers often seize items, cash, possessions and other property from these suspected of committing these offenses. This may occur when the person confesses, is only a suspect, when violations of the law are proved through other means and during an investigation.

The person may have been creating the illicit substances, selling, distributing or only possessing them. When these items are taken by police officers, a receipt or voucher is often issued so the person may have the opportunity in many instances of retrieving the property after the case ends. The time for releasing these belongings may be delayed until the person is cleared of charges, but in some situations, the items are not returned.

Confessions for drug crimes may be voluntary, through coercion or due to manipulation. When a lawyer is present during the interview, he or she may ensure the client only speaks what is necessary for the case. However, if a legal representative was not hired, the client rejected one or one was not considered necessary, a confession may be provided by the accused through various means. The confession that the person is guilty of crimes involving drugs often prompts the seizure of property with a search or search warrant. Even after a confession, it is possible for the defending and prosecuting lawyers to negotiate a potential plea bargain. Alternatively, the individual charged with these offenses may become a confidential informant for a reduced sentence.

Defenses for Drug Charges

Unlawful search and seizure may be a defense used when a confession has not yet been provided. This may become useless if the defendant does explain that he or she was using or possessing a certain amount of drugs. However, if needed, this defense may be utilized for when a search and seizure of property is completed before an arrest is made. This is usually used when a search is performed without the consent of the accused when no warrant has been granted. Forcibly opening car trunks, the doors to a residence and other places may provide proof of a crime, but these are not always legal police procedures and may lead to evidence being suppressed.

Drugs belonging to someone else as a defense may be commonly claimed, but in some instances, it is true. The person may attempt to defend himself or herself by providing a statement that the drugs were not his or hers and he or she had no idea the illegal narcotics were in the residence or vehicle. This places pressure on the prosecution to prove the drugs belonged to the person on trial and not someone else in the house or vehicle. Even after a confession is provided and a search and seizure performed, the defendant may use this defense and explain he or she was protecting someone else. 

Drug Analysis and Missing Drugs

When property has been seized through a search of the premises, it does not mean a white powdery substance is a drug. To be used as evidence, the item must be processed through a lab to prove it is an illegal material that is punished through the law. This also requires someone from the crime lab that processed the drug to testify during the court trial. 

It is important that during proceedings the evidence is produced by the prosecution. This substance should have been processed in a lab to prove that the person did commit a crime by possession or distribution of an illicit substance that may be punished by the law. If the drug is not used as evidence, the defending party may argue that there were never any drugs found. This may still be used even if the person confessed to having drugs or consumed drugs prior to the court trial.

How Confessions are used Against the Accused

Even though a person has the right to a lawyer and to protect his or her own rights from incrimination, he or she may give a confession of a drug crime. These types of confessions are often the precursor to evidence being collected shortly after the signed confession. A search of the residence or vehicle of the suspect is performed and all possible substances found that may be drugs are seized. A confession may be recanted, especially after a lawyer explained how it is used to convict the person, but the taken property is still held by law enforcement as evidentiary proof of the crimes committed. It is best to hire a lawyer the moment suspicion is a possibility so all the rights of the accused are protected.