Traffic Stops resulting in Narcotics Prosecutions

"LAWRENCEVILLE TRAFFIC STOP LEADS TO MAJOR DRUG BUST"

This news headline is a common scenario today and always leads to a narcotics prosecution.  Traffic stops are a useful tool for law enforcement in their effort to discover illegal drugs such as Marijuana, Cocaine, Heroin, and drug paraphernalia used to ingest those controlled substances.  Therefore, when a traffic stop occurs, be aware that police will most likely make every effort to either find a reason to search your vehicle(Probable Cause), or to obtain consent to search your vehicle when no Probable Cause exists.

If you are stopped for a valid legal reason, such as speeding or making an illegal turn, Police have the authority and the duty to issue a citation for that Pennsylvania Vehicle Code violation.  However, after the citation is issued, Police will often attempt to expand the stop into a search of the passenger compartment and/or trunk of the vehicle for the purpose of searching for drugs.  For this, Police will need either independent Probable Cause, or consent of the owner or driver of the vehicle.  Know that you have a right to answer “No” to a law enforcement request for consent to search.  Think about it: if Police had the Probable Cause required to search your vehicle, they would not need your consent to do so.

If an individual has experienced the unfortunate situation of being searched by Police, or of having their vehicle searched, with the result being the discovery of contraband such as a firearm or drugs, all is not lost.  It is imperative that you contact an attorney as soon as possible, and specifically, an attorney who has experience in the areas of Search and Seizure or Suppression issues.  The solution to this problem is to prepare a Suppression Motion, and litigate that Motion before the trial court.  This hearing on the Suppression Motion will occur after the Preliminary Hearing, but important information can be obtained by questioning the Police at the Preliminary Hearing, and locking in their testimony in order to make a legal argument using that evidence. 

This is a very effective strategy to defeat a prosecution even if drugs or other contraband is actually in one’s car or on one’s person.  Just because contraband is discovered does not automatically mean a conviction.

Source: CBS, "Lawrenceville Traffic Stop Leads To Major Drug Bust," Brenda Waters, Nov. 2, 2011