Might a lack of probable cause be a winning defense for your charges? Traffic stops are legal, but only when law enforcement can justify their reasons for stopping your vehicle.

All citizens of the United States are protected by the Fourth Amendment to the Constitution, which prevents law enforcement from performing a traffic stop and warrantless search. However, there are exceptions to this protection: the biggest being probable cause.

To accurately determine if an officer’s actions were a violation of your rights, your criminal defense attorney must address the officers’ conduct before stopping your vehicle, the investigation during the traffic stop, and their probable cause for justifying the warrantless search.

Evidence collected in a warrantless search could be used against you for criminal charges. However, the officer must have probable cause to search you. Without probable cause, the courts may consider the warrantless search a violation of your civil rights and the evidence will then be deemed inadmissible.

Once the evidence is inadmissible, the prosecution will assess if they have enough evidence to continue. Without ample evidence, they may offer a plea bargain or dismiss the charges entirely.

To prove that probable cause did not exist, you need an attorney.

Before stopping a vehicle, law enforcement may run a vehicle’s tags to verify if the license plate number matches the car. They may also verify if that vehicle is registered to a person with any outstanding warrants. When done at random, without suspicion, a defendant may wish to argue that it is an illegal search.

However, the courts have a history of rejecting such theories , as a license plate number is viewable by the public; therefore, it is not protected private property.

In North Carolina, an officer can stop you if they have reasonable suspicion that you committed a crime. Moreover, reasonable suspicion, not probable cause, is necessary to prove a traffic stop was necessary.

Unfortunately, reasonable suspicion is not as demanding as the probable cause standard. So, less than a preponderance of the evidence is all that is required to satisfy the court.

While officers may assume they have reasonable suspicion to stop your vehicle , the definition of what is “reasonable” is quite broad and easily argued. Therefore, if your DWI hinges on an officer’s suspicions, you may be able to challenge the traffic stop along with any evidence obtained. To do so, contact the Law Office of John C. Fitzpatrick, P.C. to explore your options.

Schedule a consultation today at 919-683-9500 or send a message online with your legal questions.

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