Being arrested on drug charges is a high-stress experience that can result in serious legal consequences. In the moment, people often act out of panic or confusion, which can lead to missteps that can complicate their defense. Understanding the most common mistakes made during drug arrests can help individuals protect their rights and avoid turning a difficult situation into a far worse one.
For example, one of the most common—and potentially damaging—mistakes is speaking to law enforcement without an attorney present. In the heat of the moment, people may try to explain themselves, deny wrongdoing or minimize their involvement. Unfortunately, anything said during this time can be used against them in court. Even seemingly harmless or vague statements can be misconstrued or taken out of context.
1. Consenting to a search
Another frequent mistake involves voluntarily allowing a search of a vehicle, home or personal belongings. While officers may still be able to search under certain circumstances—if they have probable cause or a warrant, for example—giving consent removes a key legal safeguard. Without a valid reason to initiate a search, that search may be challenged in court, and any evidence obtained could be suppressed. But if consent is freely given, that kind of legal challenge becomes far more difficult. If officers ask to search, it’s entirely appropriate to respectfully decline.
2. Resisting arrest
While being arrested is understandably upsetting, physically resisting or arguing with law enforcement can escalate a challenging situation and lead to additional charges, such as resisting arrest or obstruction of justice. It’s important to remain calm, comply with lawful commands and address any rights violations later with the help of legal counsel if you’re ever in a position wherein you’re being detained.
3. Failing to document details
Memory fades quickly, and the specifics of an arrest can be critical to building a strong defense. Many individuals fail to document important details, such as what officers said or did, whether Miranda rights were read or who else was present. Writing down everything as soon as possible after an arrest can be helpful as a result.
Every drug arrest is different, but avoiding these common mistakes can make a significant difference in the outcome of a drug arrest case. Seeking legal guidance immediately can help defendants to avoid missteps following an arrest as well.