A simple stop for speeding, rolling through a stop sign, or failing to use a turn signal can quickly turn into an arrest for possession of drugs. However, just because the person is caught with drugs in their vehicle doesn’t mean they’re guilty and will be convicted in court. Those who are arrested will want to contact one of the local Drug Possession Defense Lawyers to get legal help for their defense.
What’s Needed to Search a Vehicle
Police officers cannot just search the vehicle because they’ve stopped it. They need either permission from the vehicle owner or probable cause to search the vehicle. It does get difficult to determine whether a search was done illegally, which is why a lawyer is necessary for cases like this.
- Permission from the owner. The owner of the vehicle may give permission to search the vehicle if they are sure there is nothing in the vehicle. However, if anything is found, they could be arrested for it because it’s in a vehicle they own. It’s assumed they know what is in the vehicle, so if there are drugs in the vehicle, the owner is aware of them or should have been.
- Probable cause. If the owner declines a search, the police officers can still decide to search the vehicle if they have probable cause. Probable cause varies from case to case, but it’s usually because they can see a small amount of drugs or drug paraphernalia inside the vehicle and decide to search it to see if there’s more.
What Happens When the Search is Invalid
If the officers did not have permission or probable cause, the search may be unlawful. If this occurs, the accused person’s lawyer might be able to have the charges dismissed based on the fact the evidence was unlawfully obtained and, therefore, cannot be used in court. This, again, is very difficult to do, so legal assistance is required.
If you’ve been arrested for drug possession due to a vehicle search, hiring one of the local Drug Possession Defense Lawyers is crucial. They may be able to have the charges against you dismissed or lowered to minimize the penalties you’re facing. Visit website now to learn more. You can also follow them on Twitter for latest news and update!
