Elements of a drug possession charge

Any conviction on illegal drug charges can be a serious legal matter in Illinois, even including marijuana in large quantities. Outlets that sell cannabis are required to be registered and approved by the state, and anyone with more than the allowed amount can be prosecuted for trafficking even when the drug is not packaged for distribution. In addition, being caught with other higher scheduled contraband can result in serious incarceration time and a felony criminal record. However, law enforcement officials must still use proper protocols when filing charges.

Lawful search and seizure

The first necessary element of a drug possession charge is a lawful search. In order for the state to file valid drug charges against a suspect, officers must first have obtained the physical evidence in accordance with established search and seizure protocol. The evidence gathering generally should follow the non-governmental interference guarantees of the 4th Amendment with respect to privacy. There are also rules regarding reasonable suspicion before any probable cause search can be conducted, and most searches outside of the “plain view” rule require a warrant for lawful drug confiscation.