Refusing A Search At A Traffic Stop Does Not Mean That You Are Guilty

Many drug-related arrests arise from traffic stops, but how do police know which cars contain drugs?  It isn’t as if cars full of illegally obtained cannabis leave a trail of green leaves, or like cars full of cocaine leave a trail of white powder, like you might expect in a video game.  Most of the time, police just look for any reason they can to pull over a car, such as a broken taillight, heavily tinted windows, or a minor driving mistake such as an illegal U turn, and once they have you at a traffic stop, they find an excuse to search their car.  Vehicle searches are one of very few situations where police can search private property without first obtaining a warrant, as long as there is probable cause.  What does and does not count as probable cause for a vehicle search is less clear cut than prosecutors might have you believe.  If what started as a traffic stop for a trivial reason ended up with you getting charged with drug crimes, contact a Pittsburgh drug crime lawyer.

Should You Give Consent If Police Ask to Search Your Car?

If a police officer signals for you to pull over, you must do so; fleeing from police is its own criminal offense.  You must show the officer your driver’s license and vehicle registration.  You are not obligated, however, to let police search your car.  In fact, if police ask to search your car, it is probably because they do not have probable cause, so your consent is the only thing that would make the search legal.  If police search your car without probable cause and without your consent, and you get arrested as a result, you should exercise your right to remain silent until you can meet with a lawyer.  Explain to your lawyer the situation, and your lawyer may be able to persuade the court to consider the evidence that the police found during the search inadmissible.  Depending on whether the state had any other reason to charge you with a crime, the inadmissibility of the evidence resulting from the search could lead to the court dismissing your case.

In the News

In December 2023, police pulled over an SUV because it had a tinted cover on the license plate.  The driver, Michael Kagan of Pittsburgh, admitted that his driver’s license was suspended.  Upon seeing brass knuckles on the passenger seat, the police asked to search the car, and Kagan consented.  During the search, police found a baton-style weapon, 50 stamp bags of heroin, two bags of crack cocaine, and a large amount of cash.  Kagan, 45, is facing five criminal charges, including drug possession with intent to deliver.

Contact Gary E. Gerson About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing drug charges arising from a traffic stop.  Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.

Source:

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