In a recent case, a criminal defendant failed in persuading the Supreme Court of Connecticut that the State provided insufficient evidence that he constructively possessed crack cocaine and marijuana found in the car he was driving. In his appeal, he also argued that the search itself was improper and all evidence collected derived from it should have been excluded. At trial, the defendant filed a motion to suppress evidence, arguing that the officers conducted a warrantless search of his vehicle in violation of the state and federal constitutions. This motion was denied, because the trial court determined that the search was a valid search incident to a lawful arrest.
Under state and federal law, individuals are protected against unreasonable searches and seizures of their persons, houses, papers, and effects. A search conducted without a warrant evidencing probable cause is per se unreasonable, and evidence derived from this illegal search will be excluded unless one of very few exceptions apply. This includes the automobile exception, which permits officers to search a vehicle without a warrant where “the searching officer[s] have probable cause to believe that the vehicle contains contraband” or other objects that would be subject to seizure and destruction. There are two primary justifications underlying this exception: the ability of a car to move (thus creating exigent circumstances) and the diminished expectation of privacy afforded to automobiles.
In this case, officers saw the defendant drop wax folds containing what appeared to be heroin and later swallow them. As such, they had probable cause “to believe that additional contraband would be found in the car [the defendant] had been driving.” This determination was bolstered by the fact that officers found rolling papers and $550 in cash directly on the defendant. After dispensing of alternative grounds regarding the legality of the search, the Supreme Court held that the trial court properly denied the defendant’s motion to suppress.
When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.
Written by Lindsay E. Raber, Esq.