Sometimes a warrant of eviction may lead to drug charges. When authorities go out to conduct an eviction, they may see evidence of drug crimes when entering an apartment or home. This presents obvious problems for the residential tenant who has not only has lost his privacy right to have peaceful enjoyment of the premises, but who also then simultaneously loses other privacy rights and, indeed, may be arrested and incarcerated. That happened recently in a New York case where the two residents now find themselves evicted and also incarcerated for drug possession and manufacture charges.
When the authorities arrest someone in their home for drugs, the job of defense counsel is to thoroughly investigate the facts and the details of the police procedures. In some instances, there can be fallacies on the face of a search warrant that may be asserted. In New York when drug charges are made under these circumstances, It must also be confirmed that there was probable cause sufficient to obtain a search warrant.