Fighting Drug Charges From Search And Seizure In WI
Search And Seizure: When Can A Police Officer Search A Vehicle?
It sounds surprising, but many Wisconsin drug charges and arrests result from routine traffic stops. Since police officers don’t have the right to automatically search a vehicle when they stop it for a traffic violation, how does this happen?
Reasonable Suspicion
Although officers cannot search a vehicle “just because”, they can search it if they have reasonable suspicion that drugs are inside the vehicle. Reasonable suspicion may be the smell of drugs or the sight of drugs or drug paraphernalia. An officer may also search the vehicle is he or she feels their safety is a risk or if he/she suspects another crime has been committed. In doing the search, they may turn up drugs and you might find yourself facing drug charges.
Even so, this type of search and seizure isn’t always legal. Sometimes, the accused’s 4th Amendment rights are violated by the search, making the search, and resulting seizure, illegal
In every situation, how and why a search was conducted should be closely examined. Any mistake in procedure could violate the driver’s rights and may be reason enough to have the evidence suppressed or the charges dismissed.
You Have The Right To Decline A Search And To Fight Drug Charges
If you are stopped by police for a traffic violation and they ask to search your vehicle, you have the right to say “No” and decline the search and you should say “No.” If you are stopped by police and let them consensually search your vehicle and are now facing charges, contact Eisenberg Law Offices for advice. We’ll review the situation, the way the evidence was collected, and the evidence itself and recommend a course of action that makes the most sense for you.
Please don’t panic. Not everyone who is charged is actually guilty of the crime and there are many defense strategies available that can help you beat the charges. If you are facing charges resulting from search and seizure in Wisconsin, contact Eisenberg Law Offices right away at 608-256-8356 or email us at Info@EisenbergLaw.org.