Police set up surveillance in a New York neighborhood after residents complained about alleged drug activity in the area. During surveillance, a 46-year-old man was observed acting suspiciously, though no details were released as to what the man was doing that police found suspicious or whether he was in the house the police had under surveillance. Police interviewed and searched the man, but provided no details to explain the basis for searching him. Nevertheless, police say they found an undisclosed amount of crack cocaine on the man and that he purportedly resisted when they moved to place him under arrest for drug charges.
After the man was taken into custody, police say they decided to interview a woman who actually lived at the location police were investigating. Officers claim to have found crack cocaine in her possession as well, though once again no information was released to explain the legal basis for the search or where the woman was when police conducted the questioning and examination. As with the man, police say she also purportedly resisted when they moved to place her under arrest.
The amount of crack cocaine seized in either instance was not disclosed and there is no information that anything other than the drugs was found. The woman was charged with felony drug possession while the man was charged with misdemeanor drug possession. Once again, no information was divulged to explain the reason for the difference in the drug charges.
Each individual will now be required to answer the accusations against them in the local criminal court. There may well be legal issues surrounding a potential violation of the legal rights of each accused with regard to detention and the police decisions to search each one personally. Just like every defendant, the two people arrested are entitled to the presumption of innocence until proven guilty in court. A New York attorney devoted to helping people accused of drug charges may work to ensure all legal rights are protected and honored and fight for a dismissal of the charges.
Source: Mid-Hudson News, "Two arrested on drug charges in Kingston," Sept. 13, 2011