Successful criminal defense strategies require careful preparation. A criminal defense attorney can provide insight into the nuances of the law and prior judicial precedents. The evidence collected by the state can also directly influence what defense strategies may be most effective.
In some cases, criminal defense attorneys can ask the court to prevent the prosecutor from presenting certain types of evidence during the trial. An unlawful search is one potential reason people can exclude the state’s evidence.
Vehicle searches during traffic stops can lead to drug charges, weapons charges and other criminal allegations. When is it legal for police officers to search a vehicle?
When they have probable cause
Vehicle searches during traffic stops are often the result of a police officer’s observations. If they notice an unsecured firearm in the backseat or drug paraphernalia in a cup holder, that could provide the basis to search the vehicle. Officers generally need to suspect a specific crime based on something unique that they notice to assert that they had probable cause to search a vehicle.
When they get permission
Police officers often do not have a specific suspicion so much as a gut feeling that there may have been criminal activity. If they don’t have probable cause, they may ask for permission.
Police officers who get consent to search a vehicle can potentially find items the driver didn’t even know were present. Items left by passengers or prior owners could lead to criminal charges.
Occasionally, police officers obtain warrants to search vehicles, but most searches during traffic stops rely on permission or probable cause. Developing a criminal defense strategy based on police misconduct may be a viable option. Defense attorneys may be able to eliminate evidence obtained through police officer misconduct.
