It’s easy to feel like you’re the one who messed up after a traffic stop. The flashing lights, the questions and the feeling of being scrutinized—it’s a lot. But here’s something important to remember: police officers can make mistakes, too. And when those mistakes happen, especially during a drug-related traffic stop, they can significantly impact any charges or convictions that might arise.
Conducting an illegal stop
Police must have a valid reason to pull you over. If they stop you without cause, it’s an illegal stop. This mistake can lead courts to dismiss any drug charges arising from the stop. You have the right to question the legality of the stop. If you believe the stop was unjustified, discussing the case with an attorney is crucial.
Searching your vehicle without a warrant
Police can’t just search your car because they feel like it. They need probable cause, meaning they have a reasonable belief that your vehicle contains evidence of a crime. Probable cause can arise from plain sight, like seeing drugs in the passenger seat, or through your behavior.
But without probable cause or your consent, a search violates your rights. With this in mind, remember that you do not need to consent to any searches without a warrant.
Unlawful detainment
Even if a traffic stop starts legally, police can’t hold you for an unreasonably long time. They can only detain you long enough to address the traffic violation, like writing a ticket or checking your license and registration. Dragging things out to wait for a drug-sniffing dog or to pressure you into answering more questions might be unlawful detainment.
The consequences of police mistakes
When police make mistakes during a traffic stop, it can take a tremendous toll on individuals, costing them time, money and so much more. Working with an attorney to scrutinize police procedure and contest evidence is essential to protecting your rights. A legal representative can help with:
- Reviewing police dashcam footage and bodycam recordings
- Analyzing police reports and witness statements
- Challenging the legality of the stop, search and seizure
Mistakes happen, but when they involve law enforcement, it’s vital to ensure they don’t unjustly affect your future.