Fourth Amendment Rights and Traffic Stops

Interacting with law enforcement can be intimidating. While it is important to remain respectful and as compliant as is reasonable, it is also important in interactions with law enforcement to know your rights. You see, the power of law enforcement officials is not without limits. Some of those limits come in the form of an individual’s constitutionally protected rights. The Fourth Amendment of the U.S. Constitution, for example, has powerful implications when it comes to traffic stops conducted by law enforcement.

Fourth Amendment Rights and Traffic Stops

The Fourth Amendment of the U.S. Constitution prohibits the government from performing unreasonable searches and seizures. The Fourth Amendment, therefore, would become relevant in the event that an officer wanted to pull your car over. An officer cannot pull you over for no reason at all. In fact, pursuant to the Fourth Amendment, an officer must be able to show that reasonable suspicion existed and so they were within their authority to pull your car over. Such reasonable suspicion must be based off a reasonable and articulable suspicion that you were involved in something illegal or some type of criminal activity was involved. This means that if you have violated some sort of traffic law, such a stop would be okay.

It should be made known, however, that just because an officer has the authority to pull over your vehicle, the officer does not necessarily have the right to search your vehicle. For instance, if you were pulled over for not having your headlights on at night, then the violation of the relevant traffic law would make it okay for an officer to pull you over. You may be given a warning or you may be ticketed. So, the infraction has been addressed. If the officer wants to investigate further, for whatever reason, they must be able to provide a reasonable and articulable suspicion for conducting further investigation, such as searching your vehicle. Alternatively, you could consent to the search, but do not have to and should seriously consider granting permission for the search before you agree. Refusing to consent to a search cannot act as a basis for reasonable suspicion.

If an officer did not have reasonable suspicion to pull you over or did not have reasonable suspicion to search your vehicle, then any evidence gathered after the stop is likely to be deemed inadmissible should charges be filed against you and you end up in court. That is why it is important for you to make note of the details of your interactions with law enforcement. As soon as you are able to do so, write down what happened, step by step. It could provide critical details that play an important part in your defense.

Criminal Defense Attorneys

With Navarrete & Schwartz, you can rest assured that you have a strong criminal defense team in your corner. We are proud to serve the residence of Midland, Texas. Contact us today.

from Texas Bar Today https://ift.tt/EexzUIK
via Abogado Aly Website