Illegal search and seizure on I-35 is one thing many motorists have been subjected to in the past couple of years because of the increasing drug activity caused by conflicting drug laws of neighboring states. A police officer will usually begin a stop unlawfully, pulling over a driver solely because he/she is suspicious of an out-of-state license plate. Usually, the officer will present a minor traffic violation for the reason of the stop before asking the driver to submit to a search of the automobile. This situation is truly terrifying to drivers, and a lot of times motorists will allow the illegal search of their car and/or property to occur without a basic knowledge of what is allowable in accordance with their constitutional rights.
When Does It Become Illegal Search and Seizure On I-35?
State or federal law enforcement officers may simply conduct a search of your property if they have probable cause. They need to have a valid search warrant or a cause to believe, more than just a suspicion, that a crime is currently being committed or that you are about to commit a crime. An arrest must be assisted by probable cause in order to be deemed lawful. Only after an arrest has been made can the cops search, or “frisk,” the body of the person who was apprehended for weapons or illegal items. In addition, the police can search the car, including the trunk, if there is a reasonable belief that they hold illegal or stolen goods.
To stop a vehicle, an official needs only a reasonable suspicion that the driver is in the act of committing or has committed a traffic offense. In most cases, the reasonable suspicion arises from the officer’s own perceptions of the driver’s behavior. As a general rule, however, a speeding or traffic violation, by itself, will not validate the search of a car or truck. A driver’s accelerated speed does not tell us that the driver is violent, and it does not give the police officer any reason to think that he is in jeopardy of being attacked.
Fighting an Illegal Search and Seizure on I-35
There are many means to battle illegal search and seizure on I-35 because all cases typically come with their own set of circumstantial factors. The Fourth Amendment of the Constitution of the United States, however, is a very good place to start because it restricts unlawful searches and seizures. Commonly, many of the illegal searches and seizure cases brought to court are made without a warrant are unconstitutional and invalid. This is generally referred to as the “Fourth Amendment warrant requirement.” A search warrant lets law enforcement members to basically search certain and specified places for certain and specified items. Evidence accumulated by police through an illegal search and seizure can not be made use of in a criminal action against a defendant. This doctrine is known as the exclusionary rule.
Illegal Search and Seizure on I-35 Defense Lawyer in Texas
The law relating to illegal search and seizure on I-35 is long and complicated. You need to fully comprehend not only the individual laws of your state but also the common law, in order to successfully question the charges against you. But solely researching the topic is not good enough. You have to get a criminal defense lawyer who has expertise of how “the other side” works to get things done. A prominent drug attorney can really help you sort out your illegal search and seizure on an I-35 case and figure out if the evidence was obtained without a warrant or probable cause and whether it should be permitted in court.