Challenging a traffic stop can certainly be complicated. Because of Interstate 35 (I-35), the state of Texas has pursued a really extreme volume of drug cases involving the transportation of motor vehicles, and although you may really feel helpless, there are definitely numerous and effective ways to challenge traffic stops. This is certainly true in the current circumstance of I-35, as Texas State Patrol, and other law enforcement agencies, frantically stop countless vehicles, making numerous flaws and constitutional transgressions along the road.
Challenging a Traffic Stop: Reasonable Suspicion
Challenging a traffic stop generally starts out by attacking the core of the proof that you owned marijuana, cocaine or any other illegal drug. If drugs were identified in your vehicle, there are still many methods to fight the charge, usually on the grounds of whether the stop and search were constitutionally permitted by the Fourth Amendment.
An officer must first have to have a reasonable suspicion that you were or were about to break the law, which means that one could challenge the officer’s conclusion that a traffic violation was certainly committed. Many times officers stop a vehicle on fictitious reasons: GPS device on a windshield, unsafe following distance, illegal lane usage, speeding 1 or 2 miles per hour over the speed limit, etc. Upon stopping the automobile, the officer actually has no right to order you from the car, and if you were commanded to do so, you may be able to have the evidence of drug possession excluded because of this unconstitutional act. The officer should have merely issued you a ticket, and allowed you to leave. At times officers will direct the driver to get out of the vehicle and wait while a “warning” is being released; the right time to begin questioning that person about drugs and other illegal activity.
Challenging a Traffic Stop: Probable Cause
This strategy is used to look for one indication of criminal activity, often calling in the drug-sniffing canine, to push you into a consent or to have possible cause to search the vehicle. You should never ever say yes to the search of your automobile though it does not include contraband. Make the police develop sufficient validation of potential reason. If you say yes to a search then your attorney can not contend the probable cause defense later in court when you are going up against drug transportation charges.
Challenging a traffic stop will be a lot easier to fend off if there was no possible reason for a search. Then there is an actual chance that the evidence obtained could be excluded.
If you have been profiled and targeted by the Texas cops, and they have found out drugs in your vehicle, contact a criminal defense lawyer as early as possible.