A routine traffic stop can quickly escalate, and you might soon find yourself taking a breath test or having the police search your car. If an item that is considered “contraband” is found in your car as a result of a search, you can be charged with a crime. This makes it important to know if the police are entitled to search your car and if they do, what items can be taken and used as evidence in a case against you.
To determine if a search is legal, the following facts should be examined and carefully analyzed:
● There must be probable cause for the search. This will require the officer to show evidence to the Court that more likely than not there was reason to have reasonable suspicion of on offense.
● Probable cause if usually established by presentation of an affidavit from the officer, outlining the facts of the vehicle stop.
When evidence of a crime is found, a traffic stop can lead to an arrest for a more serious criminal offense. You might be able to persuade the Court the evidence was obtained illegally, or without cause. If so, the evidence should be excluded from the trial or other proceeding in the case and without that evidence it is not likely the State will be able to meet its burden of proof for a conviction. We have years of experience examining the specific facts of your case and developing a strategy that fits. Call us today, or follow us online for helpful information and tips.
If you have questions about vehicle searches, call our office for answers. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.