Illegal search and seizure on I-70 is one thing many motorists have been forced to take part of in the past couple of years because of the prevalent drug activity caused by conflicting drug laws of neighboring states. A police officer will normally initiate 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 stressful to drivers, and a lot of times drivers will let the illegal search of their car and/or property occur without an essential know how of what is admissible in accordance with their constitutional rights.
When Does It Become Illegal Search and Seizure On I-70?
State or federal law enforcement officers can basically execute a search of your property if they have probable cause. They ought to have an authorized 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 regarded lawful. Only after an arrest has been made can the police search, or “frisk,” the body of the person who was apprehended for weapons or illegal items. In addition, the police can search the motor vehicle, including the trunk, if there is a reasonable belief that they hold illegal or stolen goods.
To stop a motor vehicle, a police officer needs only a reasonable suspicion that the driver is in the process of committing or has committed a traffic violation. In most cases, the reasonable suspicion occurs from the police 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 increased speed does not indicate that the driver is violent, and it does not give the police officer any reason to think that he is in danger of being attacked.
Fighting an Illegal Search and Seizure on I-70
There are many measures to challenge and defend illegal search and seizure on I-70 because all cases generally feature their own set of circumstantial factors. The Fourth Amendment of the Constitution of the United States, however, is a good place to start because it restricts unlawful searches and seizures. Basically, most 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 to search certain and specified areas for particular and specified items. Evidence collected by police through an unauthorized search and seizure can not be utilized in a criminal action against a defendant. This doctrine is known as the exclusionary rule.
Illegal Search and Seizure on I-70 Defense Lawyer in Utah
The law touching on illegal search and seizure on I-70 is long and complicated. You need to fully learn not only the individual laws of your state but also the common law, in order to successfully dispute the charges against you. But solely researching the issue is not sufficient enough. You ought to get a criminal defense lawyer who has know how “the other side” works to get things done. A competent drug attorney can help you figure out your illegal search and seizure on an I-70 case and determine if the evidence was collected without a warrant or probable cause and whether it should be permitted in court.