Pulled Over, Searched, and Wrongly Suspected: Here’s How a Lawyer Fights Back
The knot of dread in your stomach when stopped by the police is not something anyone should experience. Especially if you’re ever pulled over for a partially obscured license plate and allegedly drifting into the next lane.
It might seem minor, but it isn’t if the officer decides to conduct a warrantless search of your car. For example, if they find cash and business cards for legal marijuana establishments, you’re no longer facing just a traffic ticket. Suddenly, you’re accused of being an illicit drug dealer.
You protest your innocence, and eventually, an ion test of your belongings proves you right—no traces of drugs are found. But the damage is done. Your car was searched, your rights were arguably violated, and a suspicion of criminal activity has been entered into the system.
In this stressful and potentially life-altering situation, you need more than just a good excuse. This is where the role of an experienced Pittsburgh criminal lawyer becomes paramount.
First Line of Defense: The Illegal Search
This is the cornerstone of your lawyer’s argument. The Fourth Amendment of the US Constitution protects you from unreasonable searches and seizures. A police officer generally needs a warrant or probable cause to search your vehicle.
- Was the initial stop valid? A lawyer will first assess if the obscured license plate and alleged drifting were legitimate reasons for the stop.
- Was there probable cause for the search? An experienced Pittsburgh criminal lawyer will argue that simply having cash and business cards doesn’t amount to probable cause for a warrantless search. The officer’s hunch or “gut feeling” isn’t enough to override your constitutional rights.
If the search is deemed illegal by the court, any evidence found during that search becomes “fruit of the poisonous tree”. A skilled lawyer will file a motion to suppress this evidence, meaning it cannot be used against you in court. The entire criminal suspicion collapses if the officer suspected you of a crime based on illegally obtained evidence.
Clearing the Criminal Suspicion
The results of the ion test are your best friend here. Your Pittsburgh criminal lawyer will emphasize that the scientific evidence completely refutes the officer’s suspicion. This evidence is a powerful tool used to quickly dismantle any baseless criminal charges.
A lawyer will do the following:
- Present the evidence: They will formally present the negative ion test results to the prosecutor, showing there is no evidence of any illegal drug activity.
- Negotiate dismissal: Since the evidence is proven illegal and the scientific proof claims your innocence, the lawyer will forcefully argue for complete dismissal.
Dealing with the Minor Traffic Ticket
Once the serious criminal suspicion is dropped, your lawyer shifts focus back to the original issue. We’re talking about the minor issue of the obscured license plate and the lane-drifting ticket.
Your goal here is to plead guilty to the traffic violation, but your lawyer will aim to reduce the punishment. They can negotiate to have the charge minimized, potentially resulting in:
- A lower fine than the original listed.
- A plea to a non-moving violation, which keeps points off your driving record.
In this scenario, a Pittsburgh criminal lawyer isn’t just a legal expert but a shield against overreach and your voice proving your innocence. They take a terrifying situation and simplify it back down to what it was all along: a simple traffic ticket. They ensure the Constitution protects you, even when you’re just driving down the road.
Don’t try to go it alone. If this ever happens to you, reach out to us at Logue Law Group and drop an email at sean@seanloguelaw.com.