Law enforcement has been trying to intercept drug couriers on Amtrak trains for many years. They have targeted passengers in sleeper cars and those in coach. They’ve targeted carry-on baggage such as backpacks as well as typical checked baggage items.
Passengers tell stories of being awakened on a stop and being searched right there at their seats. Others have shared that they were pulled from the train at odd hours along with their checked bags to be searched at unknown facilities along the route.
Law enforcement and the DEA’s efforts have failed to stop the availability of marijuana and narcotics. Above all, they are violating the rights of Americans daily.
The Fourth Amendment to the United States Constitution states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This prevents against arbitrary arrests and is the basis of the law regarding search warrants.
It is your constitutional right to say no to a search. Refusing a search protects you if you end up in court. In court, the officer will have to prove that there was probable cause to do a warrantless search and this will give your lawyer a good chance to win your case.
Stay calm and no matter what happens, rest assured that misconduct can be reported after the incident and your rights can be defended in court.
If you have been singled out by law enforcement on an Amtrak excursion, please contact Gullberg, Box & LLC to ensure that your rights are properly represented. We file excellent motions to suppress illegally seized evidence. We know that police must follow proper procedure before, during, and after a search and seizure, and we are prepared to scrutinize the situation to determine whether the police violated your rights.
To speak with an experienced criminal defense trial lawyer, call 309-734-1001 and we will provide you with a no-obligation consultation at your earliest convenience.