Challenging a traffic stop can surely be complicated. Because of Interstate 40 (I-40), the state of Utah has pursued a notably increased volume of drug cases involving the transportation of motor vehicles, and although you may become helpless, there are actually many and effective strategies to challenge traffic stops. This is essentially true in the current circumstance of I-40, as Utah State Patrol, and other law enforcement agencies, desperately stop countless vehicles, making numerous problems and constitutional transgressions in the process.
Challenging a Traffic Stop: Sensible Suspicion
Disputing a traffic stop basically begins by attacking the core of the evidence that you possessed marijuana, cocaine or many other unauthorized narcotic. But, if drugs were spotted in your automobile, there are still many ways 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 literally 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 instructed 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 permitted you to go. There are instances when 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 approach is used to look for one indication of criminal activity, often calling in the drug-sniffing canine, to push you into consent or to have possible cause to search the vehicle. You should never ever say yes to the search of your automobile, even though it does not include contraband. Make the police create sufficient evidence of probable cause. If you concede 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 probable cause for a search. Then there is an actual probability that the evidence obtained could be excluded.
If you have been profiled and targeted by the Utah cops, and they have found drugs in your motor vehicle, consult a criminal defense lawyer as soon as you can.