What Are the Best Defenses for Drug Charges After a Traffic Stop?

If you are pulled over by a police officer and they find drugs on you or in your car you can face serious repercussions. Continue reading and reach out to a skilled Mercer County drug crime lawyer for more information about the best defenses that can be used when facing drug charges resulting from a traffic stop.

When Can the Police Conduct a Traffic Stop?

Police or other law enforcement officers can only conduct a traffic stop under a few conditions. If any of the following is true they are within their rights to pull you over.

• They have reasonable suspicion that you are unlicensed
• They have reasonable suspicion that the vehicle is not registered
• They observed you driving in an unlawful manner, for example, running stop signs or speeding
• They observed an illegal or wrong aspect of the vehicle, for example, a burnt-out taillight or illegal window tints
• They are working at a DUI checkpoint

Traffic stops cannot be arbitrary so if you are stopped without one of the above valid reasons, you may have experienced an illegal stop.

What Defense Can Be Used for Drug Charges Stemming from a Traffic Stop?

When facing serious charges like drug possession it is important to acquire representation from a skilled lawyer. With their help, you can implement one or more of the following defensive strategies.

Illegal traffic stop

Discussed above are the rules surrounding when a police officer can conduct a traffic stop. If there was no valid reason for the officer to pull you over you could argue that you were a victim of an illegal traffic stop. If used correctly any evidence obtained from the illegal stop may be deemed inadmissible.

Unlawful search and seizure

Under the Fourth Amendment of the U.S. Constitution, individuals have the right to avoid unlawful searches and seizures from law enforcement or government officials. Only with a valid warrant or probable cause can a police officer search your personal property without consent. If the officer conducted an illegal search of your person or vehicle it can be an effective defense.

Drugs belong to someone else

While having drugs on your person or in your vehicle can result in possession charges, you may be able to argue that the drugs did not belong to you. If someone else borrowed your car or was in the vehicle you may be able to prove that you did not know that the drugs were present. If it works this could lessen your charges.

Lab results

Many substances have the same appearance as drugs. The police and prosecution must send a sample to a crime lab for the contents to be analyzed. Your attorney may be able to argue that there were errors or discrepancies in the lab results.

Insufficient evidence

If there is an overall lack of evidence you and your lawyer may be able to emphasize the room for doubt in your guilt. In a criminal case, the prosecution must prove that you are guilty beyond a reasonable doubt. If you can shed doubt on their case it may be enough to effectively defend against your charges.