In 2011, the Electric Daisy Carnival moved to Las Vegas, and attracted a crowd of approximately 230,000 attendees. This year, that number is expected to increase to almost 350,000. That is an increase of about 50%. EDC is a great event and an exciting time, particularly for those who enjoy electronic music. However, for some, the good times can get interrupted by police who are looking for people who are using or possessing drugs, such as marijuana or ecstasy. Those officers may ask to speak with you or to search or conduct a "pat down" of your person.
For a police search of your person or property to be legal, they must have: (1) consent; (2) a warrant; or (3) a "well-rooted" exception to the warrant requirement. Police searches that are conducted without a warrant and without consent are considered presumptively unreasonable. That means, if an officer searches you without a warrant and without consent and then finds evidence of a crime, the burden will be on the officer to establish in court that the search was constitutional. If a search is deemed unconstitutional, the evidence that was found as a result of that search will be suppressed (thrown out of court) and any charges that depend upon that evidence may be dismissed.
Many police officers don't want to have to justify their search to the court, so they will try to get the suspect's "consent" to search or pat down. When you come into contact with such an officer, it is important to know: (1) if the officer asks to conduct a "pat down" or search your person or property, you have the constitutional right to say no; and (2) if the officer wants to ask you questions, you have a constitutional right not to talk to him/her.
If you or someone you know is charged with Drug Possession or another drug-related offense, it is important to contact a knowledgeable and experienced Las Vegas Drug Attorney right away. The Las Vegas Drug Attorney can review the facts of your case and determine whether a Motion to Suppress can be brought in your case. The Las Vegas Drug Lawyer will also develop the most aggressive strategy possible to defend your case and protect your legal rights.