Being pulled over by a police officer can be an incredibly stressful situation. Understandably, you may not know what to do during a traffic stop. When you get pulled over, it’s important to remember that you have rights and take the necessary steps to safeguard them. If a police officer finds drugs in your vehicle, you could be facing much more than a simple traffic ticket. If you are facing drug charges stemming from a traffic stop, it’s in your best interest to contact a determined Rockland County Drug Possession Attorney who can help you utilize available defenses to shield you from an uncertain future.
When Can Police Search Your Car After a Traffic Stop in NY?
Under New York law, police officers can only search your vehicle during a traffic stop if they have probable cause. Essentially, they must have a legitimate reason to believe that a crime may have been committed or that evidence of a crime is present in the place to be searched. For instance, if the police stopped you for speeding, smelled what appeared to be marijuana, and spotted a clear baggie with a dried green substance on your dashboard. In this case, the police officer would have probable cause to search your vehicle. It’s important to understand that you are under no legal obligation to give law enforcement permission to search your vehicle, per your Fourth Amendment right, which protects you from unreasonable searches and seizures.
What Are the Potential Defenses to Drug Possession Charges?
If you were stopped for a traffic violation and the police did not have a valid reason to believe criminal activity, they don’t have probable cause. As mentioned above, police officers are only allowed to search your vehicle if they have probable cause. However, during a traffic stop, police officers can look into your car from the outside. If they see anything in plain sight that indicates drug use or possession, this will provide them with the probable cause they need to conduct a more extensive search of you and your vehicle. Nevertheless, there’s no basis to search your car if they do not have a legitimate, reasonable suspicion of criminal activity. A skilled attorney can file a motion to suppress evidence from an illegal search and seizure. This can weaken the state’s case against you, maximizing your chance of reduced or dismissed charges.
Depending on the arrest circumstances, you may be able to assert that you weren’t knowingly in possession of the drugs found in your vehicle. For example, if you were borrowing someone else’s vehicle, you likely did not know there were drugs in the car. Therefore, if prosecutors cannot prove constructive possession, they may not be able to prove your guilt beyond a reasonable doubt.
If you are facing drug charges from a traffic stop in New York, please don’t hesitate to contact a trusted attorney from The Law Office of Carl Spector, who will examine all aspects of your case to fight for the best possible outcome. Connect with our dedicated legal team today to learn more.
