Questioning a Traffic StopQuestioning a traffic stop might be difficult. As a result of Interstate 80 (I-80), the state of Nebraska has prosecuted a very high volume of drug cases involving the transportation referring to motorized vehicle, and though you might feel helpless, there are actually numerous and effective ways to challenge traffic stops. This is especially true in the recent circumstance of I-80, as Nebraska State Patrol, and other law enforcement agencies, frantically stop countless vehicles, having countless mistakes and constitutional violations along the road.
Read more:Canine Drug SearchesChallenging a Traffic Stop: Reasonable SuspicionQuestioning a traffic stop typically begins with attacking the basis of the evidence that you possessed cannabis, cocaine or a few other illegal narcotic. However, if drugs were found in your car, there are still many ways to overcome the charge, usually on the grounds of whether the stop and search were constitutionally permissible with Fourth Amendment.
A policeman should first have to have a reasonable suspicion that you were or were about to violate the law, which means that a person could certainly question the officer's conclusion that a traffic violation was actually committed. Often times policemans stop a vehicle for bogus reasons: GPS device on a windshield, unsafe following distance, illegal lane usage, speeding 1 or 2 miles per hour over the speed limit, etc
After stopping the vehicle, the officer really has no right to order you from the car, and if you were ordered 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 allowed you to leave. Sometimes officers will ask the driver to get out of the vehicle and wait while a "warning" is being issued; the most ideal time to begin interrogating that person about drugs and other illegal activity.Questioning a Traffic Stop: Probable CauseThis technique is used to find one indicia of criminal activity, often summoning the drug-sniffing dog, to pressure you into a consent or to have probable cause to search the vehicle. You must never grant search of your vehicle, even when it doesn't contain contraband. Make the cops establish sufficient proof of probable cause. If you consent to a search then your lawyer can not appeal the probable cause defense eventually in court when you are facing drug transportation charges.