drug arrest

Clients often think that the plea of guilty is the end of their criminal matter. Little do people know, is that by entering into a plea of guilty for supervision, conditional discharge or probation, you are agreeing to many conditions, some of which can waive your constitutitonal rights. In an opinion that was handed down on May 19th, 2011, the Supreme Court of Illinois upheld the forced entry into Samuel Absher’s home.

Mr. Absher had pled guilty to a charge of Retail Theft and, through a negotiated plea deal with prosecutors, was sentenced to a period of two years probation. As is customary for defendants on probation, Mr. Absher was assigned a probation officer who suspected Mr. Absher was in possession of and using illegal drugs. As a result, the probation officer and a police officer forcibly entered Mr. Absher’s home and did in fact find drugs.

Mr. Absher fought the drug case and violation of his probation on the basis that the forcible entry into his home was a violation of his Fourth Amendment Rights against illegal searches and seizures. The Illinois Supreme Court held that the probation agreement that Mr. Absher entered into with the prosecution was a contract and as a contract, Mr. Absher waived his right to his Fourth Amendment protections by freely agreeing to searches of himself and his property, at the request of the probation officer.

Defendant had entered fully negotiated plea to retail theft, and was sentenced to two years of probation. Probation officer, suspicious that Defendant was using and possessing drugs, forcibly entered Defendant’s home with a police officer, and found drugs. Plea agreement is governed by principles of contract law. Defendant had waived his Fourth Amendment rights by freely agreeing to suspicionless searches, at request of probation officer, as a condition of his probation, thereby giving prospective consent.

If you’ve been arrested for retail theft, drug charges (marijuana, cocaine or heroin), or any other criminal offenses, you should have the very best representation.

Criminal defense attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.