Many motorists have been subjected to illegal search and seizure on I-25 in the past couple of years because of the widespread drug activity caused by clashing drug laws of neighboring states. An officer will usually begin a stop unlawfully, pulling over a driver simply because he/she is suspicious of an out-of-state license plate. Usually, the officer will present a minor traffic violation for the reason of the stop before asking the driver to submit to a search of the car. This situation is truly traumatic to motorists, and many times vehicle drivers will allow the illegal search of their car and/or property to take place without a basic knowledge of what is allowable in accordance with their constitutional rights.
When Does It Become Illegal Search and Seizure On I-25?
State or federal law enforcement officers can only perform 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 assisted by probable cause in order to be deemed lawful. Only after an arrest has been made can the law enforcement search, or “frisk,” the body of the person who was apprehended for weapons or illegal items. In addition, the police can search the motor vehicle, which includes the trunk, if there is a reasonable belief that they contain illegal or stolen goods.
To stop a car, an official needs only a reasonable suspicion that the driver is in the act of committing or has committed a traffic offense. In most cases, the reasonable suspicion rises from the officer’s own perceptions of the driver’s behavior. As a general rule, however, a speeding or traffic violation, by itself, will not be enough to execute a search of a car or truck. A driver’s increased speed does not imply that the driver is violent, and it does not give the police officer any reason to think that he is in jeopardy of being attacked.
Fighting an Illegal Search and Seizure on I-25
There are many measures to battle illegal search and seizure on I-25 because all cases generally have their own set of circumstantial variables. The Fourth Amendment of the Constitution of the United States, however, is a good place to start because it prohibits unlawful searches and seizures. Mainly, most of the illegal searches and seizure cases brought to court are made without a warrant are unconstitutional and baseless. This is generally referred to as the “Fourth Amendment warrant requirement.” A search warrant lets law enforcement personnel to primarily search certain and specified areas for particular and specified items. Evidence amassed by police through an unlawful search and seizure can not be used in a criminal action against a defendant. This doctrine is referred to as the exclusionary rule.
Illegal Search and Seizure on I-25 Defense Lawyer in New Mexico
The law touching on illegal search and seizure on I-25 is long and challenging. You need to fully have knowledge of not only the individual laws of your state but also the common law, in order to adequately dispute the charges against you. But simply researching the concern is not good enough. You have to get a competent criminal defense lawyer who has experience of how “the other side” performs to get things done. A good drug lawyer can really help you sort out your illegal search and seizure on an I-25 case and figure out if the evidence was obtained without a warrant or probable cause and whether it should be allowed in court.