Challenging a traffic stop can be complicated. Because of Interstate 35 (I-35), the state of Minnesota has actually gone after a really high volume of drug cases involving the transportation of motor vehicles and though you could feel helpless, there are actually lots of as well as efficient ways to fight drug traffic stops. This is especially true in the recent scenarios on I-35, as Minnesota State Patrols and other various police officers, anxiously stop numerous vehicles, making plenty of errors and also make constitutional violations along the way.
Challenging a Traffic Stop: Reasonable Suspicion
Challenging a traffic stop basically starts by attacking the core of the proof that you indeed possessed cannabis (marijuana), cocaine or other unlawful narcotics. Nevertheless, if drugs were found in your automobile, there are still numerous ways and means to combat the charges, generally on the grounds of whether the stop and search were constitutionally permitted by the 4th Amendment.
A policeman needs to initially have a reasonable suspicion that you were or is about to break the law, which means that a person could test the police officer’s final conclusion that a traffic stop was absolutely necessary. Often times the police will stop an automobile on fictitious reasons: GPS devices on a windscreen, unsafe following distances, improper lane use, over speeding of 1 or 2 mph over the restriction and so on. Upon stopping the car, the officer really has no right to order you to get out of your car, in any case, if you were instructed by the arresting officer to do so, you might be able to have the evidence of drug possession dropped because of this unconstitutional act. The officer should have merely issued you a ticket or a warning 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; this is the right time to begin questioning that person about drugs and other illegal activity.
Challenging a Traffic Stop: Probable Cause
This method is utilized by police to locate indications of illegal activities. They often start by calling the drug-sniffing dog or convince you to consent to have your vehicle searched. It is important to understand that you should never say yes to a search of your car, even if it does not have any contraband. Make the authorities or police first establish adequate proof or probable cause. If you consent to a search then your lawyer could not contend the probable cause defense later in court when you are facing drug transportation charges.
Challenging a traffic stop will be a lot easier to defend in court if there was no probable cause for a search. There is a real opportunity that the evidence obtained from that illegal search could be excluded. If you have actually been profiled or targeted by the Minnesota police and they have actually uncovered drugs in your car, contact a criminal drug defense attorney immediately.