When you are pulled over for drug trafficking on I-80, there are certain rights that you need to know. After law enforcement makes a stop, anyone inside of the car needs to be on alert and ensure that their rights aren’t being violated. Once the stop has occurred, you are considered “seized” per the United States Constitution, but that doesn’t mean you don’t have rights.
Now, passengers and drivers are treated somewhat differently. The driver is often the person that the police will focus on unless they have another reason to focus on any passengers.
What Are My Rights As A Driver In A Traffic Stop?
As a driver, you have a few different rights that cannot be violated – but that doesn’t mean that they won’t be, especially during a traffic stop. You have the right to:
- Be free from unreasonable or illegal searches by law enforcement
- Remain silent and not answer any questions asked of you by the police
- Challenge the legality of your traffic stop
- Challenge the legality of any search that occurred after the stop
- Refuse any search after the stop
- Talk to or retain a lawyer to help you after the stop
As a driver, you should know these rights before you ever get into a car. However, in the heat of the moment, you can sometimes forget what your rights are. This is why we suggest writing down everything that occurred during the traffic stop as soon as it happens. This will help your lawyer to determine whether or not your rights were violated.
You Are Considered Liable For Everything In Your Car
Drivers should have knowledge of everything that they keep inside of their cars. This means any drugs or illegal substances that are found by police. Your passengers do not need to have the same knowledge of those substances.
Do You Have a Right to Refuse Alcohol or Drug Testing?
If your vehicle is stopped because you were swerving or acting erratically, you may not refuse drug or alcohol testing in most states, including Nebraska. If you do refuse, you are subject to a license suspension or arrest just for refusing. Even if you don’t think that you were acting strange, you really do not have a right to refuse the test.
Do You Have The Right To Challenge Your Traffic Stop?
Yes, you can challenge your traffic stop. No matter what the circumstances are surrounding your traffic stop, you have a right to seek the help of a lawyer and challenge your traffic stop. While you are stopped, it is best to stay calm, cool, and silent. Do not try to fight back in the street, or you could end up getting hurt or making the situation worse. Instead, ask to talk to a drug trafficking lawyer.
The police cannot ask you questions or expect answers from you. However, they know most people cannot keep calm and will try to talk their ways out of bad situations, so they will try to push you to talk. Do not take the bait. Instead, focus on getting the best drug trafficking lawyer in Nebraska and challenging the traffic stop in court.
What Are My Rights As A Passenger In A Traffic Stop?
As a passenger in a traffic stop, you will basically have some of the same rights as the driver had. As a passenger, you are not expected to know about any illegal substances that are hidden in the car. If something is out and apparent, such as in the cup holder or on the dashboard, you may be considered liable.
Contact A Nebraska Drug Lawyer As Soon As Possible
No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more challenging to get or keep a job if you have any kind of drug charge in your history.
If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer like Daniel Stockmann immediately. He will help you to sort out the facts of your case and offer assistance. For help as soon as possible, contact a Nebraska drug lawyer at 844-545-3022.