Article

Procedures in making drug arrests

Written by jonathan rhodes

Topic: Medical Advice and ResourcesPublished December 6, 2011
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Illegal drugs have plagued the world with their poisonous tentacles. Drug abuse and possession is so widespread now that you would be hard pressed to find a state that is drug-free. In the United States, probable cause gives a police officer the right to arrest or conduct a search of a person or property when charges are being considered. However, in order to warrant an arrest or a search, the authorities must have probable cause before initiating any action. Plain suspicion or belief without supporting facts isn’t grounds for an arrest. For instance, the police aren’t authorized to search a person or property to make a narcotics arrest just because they believe that person to be guilty of possession. They will first have to have supporting facts or legitimate reasons to make an arrest. This is because the Fourth Amendment to the U.S. Constitution allows for citizens ‘to be secure’ in their homes, possessions and persons. A violation of this amendment can give persons a basis to file lawsuits. In order to make drug arrests, officers can make use of confidential informant narcotic arrest procedures. Here, a confidential informant may provide concrete proof that the suspect is conducting illegal drug activities. But while the use of informants can greatly assist in pinpointing a suspect, procedures must be followed carefully. Firstly, the identity of the informant must be kept confidential and can be revealed only if a magistrate or judge orders it to be so. Second, the information given by the informant must be substantiated by another witness. Information consists of eye witness accounts, background information, identities of witnesses and narcotic activity or activities of the suspect. Third, if the informant was once a criminal, then he or she must cease any criminal activity and must not come into harm or cause someone else to come into harm during the course of the investigation. In order to make a narcotics arrest, a prosecutor must have another person present while interviewing the informant. All drug arrests must be conducted by following the proper procedures and keeping in mind the rights of the suspects. Because no matter how much evidence is collected, if the procedures aren’t followed the way they should be, the case cannot hold up in court.

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Author has done a very good research on narcotics arrest and drug arrests.

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