Illegal search and seizure on I-80 is something many drivers have been subjected to in the past couple of years because of the rampant drug activity caused by conflicting drug laws of neighboring states. An officer will typically begin a stop unlawfully, pulling over a driver merely because he/she is suspicious of an out-of-state license plate. Often the officer will cite a minor traffic violation for the reason of the stop before asking the driver to submit to a search of the vehicle. This situation is very intimidating to drivers, and many times drivers will allow the illegal search of their car and/or property to take place without a basic understanding of what is permissible in accordance with their constitutional rights.
When Does It Become Illegal Search and Seizure On I-80?
State or federal law enforcement officers may only conduct a search of your property if they have probable cause. They need to have a valid search warrant or a cause to believe, more than just a suspicion, that a crime is currently being committed or that you are about to commit a crime. An arrest must be supported by probable cause in order to be considered lawful. Only after an arrest has been made can the police search, or “frisk,” the body of the individual who was arrested for weapons or illegal goods. In addition, the police can search the car, including the trunk, if there is a reasonable belief that they hold illegal or stolen goods.
To stop a vehicle, an officer needs only a reasonable suspicion that the driver is in the process of committing or has committed a traffic infraction. In most cases, the reasonable suspicion arises from the officer's own observations of the driver's behavior. As a general rule, however, a speeding or traffic violation, by itself, will not justify the search of a vehicle. A driver's excessive speed does not indicate that the driver is violent, and it does not give the police officer any reason to think that he is in danger of being assaulted.
Fighting an Illegal Search and Seizure on I-80
There are many ways to fight illegal search and seizure on I-80 because all cases inherently possess their own set of circumstantial variables. The Fourth Amendment of the Constitution of the United States, however, is a great place to start because it prohibits unlawful searches and seizures. Generally, many of the illegal searches and seizure cases brought to court are made without a warrant are unconstitutional and invalid. This is commonly referred to as the ''Fourth Amendment warrant requirement.'' A search warrant authorizes law enforcement personnel to only search particular and specified places for particular and specified items. Evidence obtained by police through an illegal search and seizure cannot be used in a criminal action against a defendant. This doctrine is known as the exclusionary rule.
Illegal Search and Seizure on I-80 Defense Lawyer in Nebraska
The law pertaining to illegal search and seizure on I-80 is long and complex. You need to thoroughly understand not only the individual laws of your state, but also the common law, in order successfully challenge the charges against you. But simply researching the matter is not enough. You need a criminal defense attorney who knows how “the other side” works to get things done. Attorney Dan Stockmann can help you sort out your illegal search and seizure on I-80 case and figure out if the evidence was obtained without a warrant or probable cause and whether it should be allowed in court.
