When the Police Make a Mistake During Your Drug Possession Arrest

arrested hands over head police
Following a drug possession arrest, you’re likely worried about your future and how things will pan out. While we understand your worries, we want to explain some of the common mistakes officers make during arrests that could lead to having your charges dropped and how an experienced Fresno criminal defense attorney can help.

Incorrect Identification

With the war on drugs at what seems like an all-time high, officers are eager to make arrests for any substance they believe to be an illicit drug. For example, an officer may be quick to arrest someone who has pills or powder on them, thinking it’s cocaine or something similar. In reality, the substance was simply an over the counter painkiller.

An experienced attorney can challenge the charge by requesting to have the evidence collected examined in a lab. If the test results come back proving the drug was legal, you will likely have your charge dismissed.

Unlawful Search

There is a fine line between what’s legal and what’s not when it comes to an officer searching your vehicle following being pulled over. If the officer looked through areas of your car that were not in plain sight, without your permission, they might have committed an unlawful search and seizure. Drugs out in the open are fair game. However, any evidence gathered otherwise cannot be used against you.


Entrapment is when an officer pressures an individual to partake in a crime that they typically wouldn’t have done otherwise. Officers often use this tactic to bait a suspect into an unlawful situation. Entrapment defenses are complex but can be extremely beneficial if handled with an experienced attorney. If you suspect that your possession arrest was the result of entrapment, be sure to log all details of the arrest and to speak with an attorney as soon as possible.

Work With Schweitzer & Davidian Today

When it comes to defending a drug possession charge, time is of the essence. The longer you wait, the harder it becomes to fight the charges. If you or a loved one has been charged with drug possession, it is imperative for your future to begin working with a trusted Fresno criminal defense attorney as soon as you can.

At Schweitzer & Davidian, our team of trusted Fresno criminal defense attorneys has helped countless individuals fight their drug charges and return to their best lives possible.

Don’t let a mistake change your life’s path. Our team can help today. Call (559) 206-2322 to learn more over a free consultation.

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