Illegal Searches: How is the State of Pennsylvania Taking Action Against This?
A common practice that the Pennsylvania state police indulge in is highway interdiction. It is a strategy that aims to detect, seize, and stop the transportation of illegal drugs across major roadways.
Now, there’s a catch to this rule. The police can only perform a stop-and-search if they have enough reasons to believe that the concerned driver is involved in some illegal activity. Added to that, there are certain limits as to how the police can question drivers, and more often than not, they tend to cross this line!
Keep in mind that if you are charged with a crime as a result of an illegal search, there’s a high chance that your case will be dismissed in court. But for that to happen, you need to challenge the criminal charges for which the guidance of a Pittsburgh criminal lawyer becomes absolutely necessary.
Actions taken by the State of Pennsylvania
Illegal searches have been a long-standing issue in Pennsylvania. Numerous independent news agencies of the state have found out that cops in charge of highway interdictions make use of the most trivial methods to inquire about drivers.
Considering this common practice, the then-Governor of Pennsylvania, Tom Wolf, placed a special request to the Office of the Inspector General. His request was to implement a state-wide review of how the cops in the state are following the legal regulations during such stops.
Drawbacks of Laws Related to Vehicle Searches
Unfortunately, there are a lot of drivers who aren’t simply aware that they have the right not to give consent for a search. The cops might use various shady tactics or try to intimidate you to gain permission for a search. But there, too, the cops are liable to search only under certain specific conditions and circumstances. And only a seasoned Pittsburgh criminal lawyer can help you navigate through these intricacies and make sure that your rights are protected by all possible means!
The Fourth Amendment of the U.S Constitution offers you protection against such illegal searches. More importantly, the concerned officer must have a warrant to search.
And if the concerned officer doesn’t have a warrant, he/ she need probable cause of an illegal activity to search your vehicle. Here is a list of probable causes that automatically give a cop the right to search without a warrant-
- The smell of marijuana inside the car.
- Existence of drug paraphernalia inside the car.
Other than this, if your car has been impounded after you’ve been arrested, it gives a cop the right to search your car! Besides this, the cops can search your vehicle for two more instances-
- For their own safety.
- If you gave consent for the search.
Now, remember that the cops can go to any extent for your consent! They can even try to rile you up and arrest you! And if you are arrested, they automatically have consent to search your vehicle. However, remember what our expert Pittsburgh criminal lawyers at the Logue Law Group have to say- if you feel that the cops have no reason to search, you don’t have any reason to give consent!
A criminal conviction is humiliating and devastating for a normal person. But it feels even more disgusting when such convictions happen because of improper cop tactics. So, make sure to seek counsel from our experienced Pittsburgh criminal lawyers, as they know exactly how to deal with such cases, and get the charges reduced or dismissed. Call us at 844.PITT.DUI to book an appointment.