Challenging a traffic stop can certainly be arduous. Because of Interstate 25 (I-25), the state of New Mexico has pursued an absolutely heavy volume of drug cases concerning the transportation of motor vehicles, and although you may become helpless, there are definitely several and efficient strategies to challenge traffic stops. This is certainly true in the latest circumstance of I-25, as New Mexico State Patrol, and other law enforcement agencies, desperately stop countless vehicles, making numerous errors and constitutional transgressions in the process.
Challenging a Traffic Stop: Reasonable Suspicion
Challenging a traffic stop primarily starts out by attacking the foundation of the proof that you owned marijuana, cocaine or any other illegal narcotic. On the other hand, if drugs were located in your automobile, there are still many ways to dispute the charge, usually on the grounds of whether the stop and search were constitutionally permitted by the Fourth Amendment.
It is important for the officer to first have a reasonable suspicion that you were or were about to break the law, which means that one could challenge the officer’s conclusion that a traffic violation was certainly committed. Many times officers stop a vehicle on fictitious 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 automobile, the officer actually has no right to order you from the car, and if you were commanded 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. At times officers will direct the driver to get out of the vehicle and wait while a “warning” is being released; the right time to begin questioning that person about drugs and other illegal doings.
Challenging a Traffic Stop: Probable Reason
This strategy is used to look for confirmation of criminal activity, often calling in the drug-sniffing canine, to push you into consent or to have probable reason to search the vehicle. You should never ever say yes to the search of your automobile, even though it does not have contraband. Make the police create sufficient evidence of possible reason. If you say yes to a search then your attorney can not contend the probable cause defense later in court when you are dealing with drug transportation charges.
Challenging a traffic stop will be a lot easier to fight if there was no probable cause for a search.
Then there is a realistic opportunity that the evidence obtained could be excluded.
If you have been profiled and targeted by the New Mexico authorities, and they have found out drugs in your motor vehicle, get in touch with a criminal defense lawyer as quickly as possible.
