In the typical scenario, police claim that a motorist committed a traffic infraction, pull over the driver, and, during the course of that stop, "uncover" contraband, typically drugs, and arrest the person for a narcotics offense.
Two concepts are vital to the defense of the case.
What was the reason to stop the car?
Once stopped, did the police have additional justification to search the car, the occupants?
If either of these actions, the "stop", or the activity after, typically the "search" can be successfully challenged on constitutional grounds, any evidence- contraband, guns, drugs, evidence of intoxication, will not be admissible against the defendant in a subsequent criminal prosecution. Understanding the limitations on police conduct after a car is stopped is often the turning point in a case.
- If The Police Stop Your Car, How Long Can They Keep You There?
- Can The Police Search Me, My Car, And The Glove Box, And The Trunk After Pulling Me Over?
- Do I Have To Give The Police Permission to Search My Car?
- Do The Police Have to Have a Warrant to Search My Car?
- Can The Police Order A Passenger to Get Out Of The Car?
- If I Am Arrested While Driving, Can the Police Search My Car?