Challenging a traffic stop can be difficult. Because of Interstate 80 (I-80), the state of Nebraska has prosecuted a very high volume of drug cases involving the transportation of motor vehicles, and though you may feel helpless, there are really numerous and effective ways to challenge traffic stops. This is especially true in the recent circumstance of I-80, as Nebraska State Patrol, and other law enforcement agencies, frantically stop countless vehicles, making countless mistakes and constitutional violations along the way.
Challenging a Traffic Stop: Reasonable Suspicion
Challenging a traffic stop typically starts with attacking the basis of the evidence that you possessed marijuana, cocaine or some other unlawful narcotic. However, if drugs were found in your car, there are still many way to fight the charge, usually on the grounds of whether the stop and search were constitutionally permissible by the Fourth Amendment.
An officer must first have to had a reasonable suspicion that you were or were about to violate the law, which means that one could challenge the officer’s conclusion that a traffic violation was actually committed. Many times officers stop a vehicle on bogus reasons: GPS device on a windshield, unsafe following distance, illegal lane usage, speeding 1 or 2 miles per hour over the speed limit, etc.
Upon stopping the vehicle, the officer really has no right to order you from the car, and if you were ordered to do so, you may be able to have the evidence of drug possession excluded because of this unconstitutional act. The officer should have merely issued you a ticket, and allowed you to leave. Sometimes officers will ask the driver to get out of the vehicle and wait while a “warning” is being issued; the perfect time to begin interrogating that person about drugs and other illegal activity.
Challenging a Traffic Stop: Probable Cause
This method is used to find one indicia of criminal activity, often summoning the drug-sniffing dog, to pressure you into consent or to have probable cause to search the vehicle. You should never consent to search of your vehicle, even if it doesn’t contain contraband. Make the police establish sufficient proof of probable cause. If you consent to a search then your lawyer cannot argue the probable cause defense later in court when you are facing drug transportation charges.
Challenging a traffic stop will be much easier to defend if there was no probable cause for a search. Then there is a real possibility that the evidence obtained could be excluded.
Challenging a Traffic Stop Lawyer in Nebraska
Known throughout the state of Nebraska, Stockmann Law has the reputation of building the most effective defense for challenging traffic stops. Criminal defense attorney Dan Stockmann is all too familiar with the tactics used by police to obtain the statements and evidence they want, and with his vast knowledge he can successfully challenge them on constitutional grounds and legal requirements. The dedicated team of professionals at Stockmann Law will investigate every vantage point of your individual case, looking for any violation and error in police procedure. If you have been profiled and targeted by the Nebraska police, and they have found drugs in your vehicle, contact Stockmann Law as soon as possible.
