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How an illegal traffic stop impacts your drug case

On Behalf of | Sep 26, 2023 | Drug Charges

Many drug distribution charges are levied after law enforcement initiates a traffic stop and discovers narcotics in the vehicle that’s been pulled over. If that happened to you, then you might feel like there’s no way to beat the prosecution. But that isn’t necessarily true. You need to diligently assess the facts of your case to see if law enforcement made any errors that you can use to block the prosecution’s evidence from being used against you.

Was your traffic stop illegally conducted?

In most cases, the police are required to have reasonable suspicion that you committed a crime or a traffic infraction before initiating a traffic stop. They can’t simply pull you over because they have a hunch that you’re committing a crime.

So, if you’re arrested following a traffic stop, then you need to carefully analyze the facts surrounding the stop. Police records can help you figure out law enforcement’s justification for the stop, but deposing the officers involved is another way you might be able to discover the reasoning leading up to the incident. Be especially wary of baiting techniques, anonymous tips, and pretextual stops, all of which could support your position.

These steps might uncover other errors, too. A legally conducted traffic stop doesn’t give police the right to search you or your vehicle. There must be some other circumstance that allows them to rely upon an exception to the requirement to secure a legally valid warrant before conducting a search. Otherwise, the police need a warrant. If the facts don’t support the use of an exception, then you might be able to block evidence seized as part of that search from being used against you.

Are you ready to fight the prosecution’s drug case?

There’s simply too much at stake in your drug case to not take control of your defense and aggressively fight back against the prosecution’s evidence. But to be completely ready for the fight ahead, you need to know the law and have a command of the facts. That’s why it might be a good idea for you to continue your research into effective criminal defense strategies and the help that’s available to assist you with building your case.