You do not necessarily need to plan on selling or distributing drugs to be charged with trafficking. Although this may seem like a misnomer, you may be charged with drug trafficking for merely having a certain amount of a substance in your possession. A drug trafficking charge is often accompanied by the most severe punishments, even if you have never committed a crime before. Penalties include imprisonment, fines, and forfeiture of any property that has a connection to the trafficking activity.
At Eppes & Plumblee, P.A., our legal team’s staunch approach allows us to challenge weak evidence, uncovering what really unfolded. If you or a loved one have recently been arrested or charged with drug trafficking, consulting with one of our Greenville criminal defense lawyers immediately will ensure that your rights are safeguarded.
The Amount Will Trigger a Drug Trafficking Charge
Even if there is no evidence suggesting that you intend to distribute or sell the controlled substances in your custody, the following quantities will trigger a drug trafficking charge in South Carolina:
- Marijuana: Ten pounds
- Cocaine or cocaine mixture: Ten grams
- LSD: One hundred tablets, capsules, dosage units, or the equivalent quantity
- Heroin: Four grams
- Ecstasy or MDMA: One hundred tablets, capsules, dosage units, or the equivalent quantity
Illegally Obtained Evidence in Drug Trafficking Cases
Drug charges are centered around the confiscation of the controlled substance itself. The Fourth Amendment protects us in places in which we have a reasonable expectation of privacy. Generally, the police need to obtain a warrant or your consent to search your property or home. However, there are exceptions to this rule.
In drug trafficking cases, law enforcement can legally conduct a warrantless search in the following circumstances:
Plain View Doctrine
If the illicit substance is readily visible when law enforcement is lawfully present, then a warrantless search is legal. Known as the plain view doctrine, the prosecution will often argue that specific evidence in drug trafficking cases was lawfully seized based on this principle. However, certain criteria must be met. First, the police must legally be in the vicinity when they spot the drugs. Secondly, the police must have probable cause to believe that the drugs are connected to criminal activity.
Search Incident to Arrest
The police are allowed to search your person following a lawful arrest. The purpose of the search incident to arrest is two-fold; allowing law enforcement to protect themselves as well as preventing the destruction of evidence. By searching an arrestee and potentially anything in their proximity, the officer can locate any weapons that the individual may use to escape police custody.
Hot Pursuit
A police officer who is in hot pursuit of a suspect and spots them running away with contraband may chase them into a private residence legally under this exception to the Fourth Amendment. The hot pursuit exception applies if there is a risk of the suspect getting away, destruction of evidence, or if someone’s life is in danger. Classified as an exigent circumstance (since law enforcement is forced to act quickly to respond to an urgency), this is often challenging for the prosecution to prove.
Motion to Suppress and Fruit of the Poisonous Tree
While the prosecution may convince you that law enforcement legally obtained any incriminating evidence, the above circumstances only apply in select drug trafficking cases. The fact is, if the police did not obtain a warrant or your consent, they most likely performed an illegal search. At Eppes & Plumblee, P.A., our legal team will examine how law enforcement and the prosecution obtained evidence.
If we determine that any evidence was acquired illegally, we will file a motion to suppress, asking that certain evidence be inadmissible at trial. In turn, any evidence that was found only as a result of illegally seized evidence should also be discarded. Known as the fruit of the poisonous tree doctrine, this applies to evidence that would have been admissible had it not been for its illicit source.
Speak with Our Greenville Criminal Defense Lawyers Today
When combating drug charges, knowledgeable and persistent representation can make all the difference. If you or a loved one are under investigation for drug trafficking, our Greenville criminal defense attorneys are available to answer your questions or concerns. We have represented numerous defendants facing drug trafficking charges, helping them to achieve favorable results. To learn more about what we can offer you or to schedule your consultation, contact Eppes & Plumblee, P.A., online or give us a call at (864) 581-3450.