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Searches And Seizures In Drug Cases You Deserve the Best Defense

Searches and Seizures Defense In Kentucky

The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. Particularly in drug cases, the legality of how law enforcement officials obtained the evidence used to support the State’s case is a central and often challenged issue. If the government’s conduct violated the Fourth Amendment, the evidence is deemed inadmissible. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant. If you have been charged with a drug crime which was based on an illegal search or seizure, call (502) 237-0871 today to schedule your initial consultation with criminal defense attorney William M. Butler, Jr., or you may contact him via email to schedule an initial confidential consultation, to discuss your case. He has over 35 years experience in searches and seizures defense in drug cases, and can advise you whether the evidence leading to the charge may have resulted from an illegal search or seizure. He has successfully defended thousands of clients, and he can help you too. 

Contact us to get started today. For more information, please see his Case Results and Testimonials.

The Fourth Amendment Provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In addition, similar provisions in each state’s constitution may afford even greater protections.

Warrants and the Protection of Privacy

Fourth Amendment protections apply to situations where persons have a reasonable expectation of privacy, such as their home or personal communications, for instance. However, whether the expectation is “reasonable” is the key to whether it is protected by the Constitution. Reasonableness is context-specific. The court looks at an individual’s intention to keep something private and whether the expectation is one that society is willing to recognize as reasonable. Just as standards of privacy are constantly changing in society, Fourth Amendment law is also constantly evolving.

The government can intrude on such a zone of privacy only if the search or seizure is reasonable. Generally, a “reasonable” search or seizure is one supported by a warrant. The warrant itself has to be valid. A warrant is valid if issued by a neutral judicial official, supported by probable cause and specifically identifies the person or thing to be searched or seized. To establish “probable cause,” the law enforcement officer has to present facts that would lead a reasonable person to believe that a crime is being, or has been, committed.

For immediate assistance, call (502) 237-0871 today to speak with William M. Butler, Jr, he is a criminal defense lawyer, with over 35 years experience, to discuss your situation and learn about your rights and options, or contact him via email or text to schedule your initial confidential consultation.

Exceptions to the Warrant Requirement

The Supreme Court has recognized a number of exceptions to the warrant requirement. A warrantless search or seizure is still “reasonable” if there is probable cause and certain circumstances exist that make getting a warrant impractical or impossible. These exceptions include:

  • Search incident to arrest: searching a person after a lawful arrest to locate weapons and/or prevent the destruction of evidence
  • Consent: when an individual voluntarily waives his or her Fourth Amendment rights
  • Plain view: searching or seizing objects in plain view, if an officer has a legal right to be in that position where he or she is viewing the objects
  • Automobile exception: searching vehicles if an officer has probable cause to believe there is contraband inside and it would be moved before a warrant can be obtained
  • Exigent circumstances: when there is no opportunity to obtain a warrant due to an emergency situation, e.g., life is at risk

Besides these exceptions, law enforcement officers can conduct limited detentions and frisks without a warrant if they have an articulable suspicion that criminal activity is occurring.

Secure Legal Counsel

Analyzing whether a search or seizure was legal requires a close look at many factors. In a drug case, a successful challenge to evidence can mean the difference between a dismissal and a conviction. 

For more information, please see his Case Results and Testimonials.

    "Worth Every Penny!"

    If you need a dependable, professional defense attorney with successful results, you need Mr Butler! He is worth every penny! 

    - Former Client
    "He Keeps His Promises"
    Mr. Butler is honest, responsive and will not make promises he cannot keep. He provided excellent legal representation for my family member.
    - Former Client
    "He Never Refused a Phone Call"
    When the case could not be resolved without a jail sentence, he went to trial. I was not convicted. As a result, I did not miss the first 10 years of my infant daughter’s life.
    - Former Client
    "My Lifesaver!!"
    Mr. Butler is my lifesaver! He really saved my life by resolving my case for me. He is a true professional and really experienced... Mr. Butler is the real deal.
    - Szuching W.
    "Deserves More than 5 Stars!"
    I would highly recommend William Butler over any lawyer I've known or dealt with. His and Karen's dedication and results deserve more than these 5 stars! He got my charge dismissed and my worries were over!
    - John D.
    "Outstanding and Caring"
    Mr. Butler is an outstanding and caring attorney. I know he has my best interest at heart I would not have another attorney defend me.
    - Sara L.
    "Top-Notch Negotiator"
    His negotiation skills are top notch and he is kind and understanding. I couldn’t have asked for a better outcome to my case.
    - Heather D.
    "He'll Do Anything For You"
    Excellent lawyer; got my money's worth. Very cooperative, kind, and polite. Knew exactly what I wanted and knew how to handle it. Will do absolutely anything he can on his part to help you.
    - Ally J.

YOUR CRIMINAL DEFENSE LAWYER

  • With over 35 years of experience defending clients
  • Who is confident and proficient in trial
  • Who speaks your language and the language of prosecutors

Hear From Our Happy Clients

"He Works Tirelessly to Help"
Our case that took several court appearances. He was there each and every date, and never gave up. The case was eventually dismissed due to his tireless efforts.
- Julian S.

Whats Sets US Apart?

Butler & Associates
  • Over 35 Years of Experience
    With more than three decades of fighting for clients, William Butler has the knowledge and experience to help you.
  • Proven Track Record
    When it comes to winning for our clients, our case results speak for themselves - we give each client the commitment and time your case deserves.
  • Seasoned Litigator & Negotiator
    William M. Butler is equally confident at the negotiating table and in the courtroom and is prepared to do what is best for your case.
  • Offering Virtual Consultations
    We'll save you a trip - we can meet via FaceTime or Zoom to make the legal process just a little easier on you.

Contact William M. Butler, Jr., Attorney at Law Today!

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