The penalties for drug possession in Tennessee are severe. If you are facing drug charges following a traffic stop you must work with an experienced lawyer to discuss possible defenses in your case. A Memphis drug crime lawyer can assist you throughout the legal process. Call now to start your free case evaluation.
What Are My Rights During a Traffic Stop?
If you get pulled over by the police you have several rights but also obligations. During a traffic stop, you are legally required to provide an officer with your license, proof of insurance, and vehicle registration if requested. You must also exit the vehicle if the officer asks you to do so. However, your obligations end there. There is no law stating that you must answer questions about where you are going, where you are coming from, or anything else.
This brings us to your rights. At all times during the traffic stop, you have the right to remain silent. You do not have to tell the officer anything or speak one word as long as you provide them with the necessary information and documents.
Additionally, you have the right to refuse consent to search your car. While the officer can ask you to step out of the vehicle and pat you down to ensure you are unarmed, they cannot search your car without your verbal consent, a valid warrant, or probable cause.
The police must have a valid reason for pulling you over. This may include an issue with your vehicle or observing anything that gives them a reasonable belief of unlawful activity. For example, if you were driving erratically and swerving an officer may stop you to ensure you are not intoxicated. However, you cannot be stopped for any discriminatory reasons. Acting in disregard of any of these rights is considered an illegal traffic stop.
What Defenses Are Effective in Fighting Drug Charges Resulting from a Traffic Stop?
Being charged with drug possession or any substance-related crime can be daunting. The penalties are quite severe so it is important to work with a lawyer to build a strong defense. Below are some strategies that have proven effective in drug-related cases.
- Illegal traffic stop: If the police pulled you over for an illegal reason or violated your rights any evidence uncovered can be deemed inadmissible.
- Unlawful search and seizure: If your Fourth Amendment rights were violated the evidence could be suppressed and your charges dropped or reduced.
- Chain of command issues: Many individuals and departments handle evidence to ensure it is labeled, stored, examined, etc. There may have been issues that contaminated the evidence at some point, rendering it useless.
- Lack of knowledge or intent: If the drugs were not yours or you did not know that they were present you may be able to avoid a possession charge as a conviction requires knowledge of and control over the substance.
- Entrapment: If you can prove that a law enforcement officer coerced you into committing the crime you could have your charges lessened or dismissed.
Contact a skilled attorney today for more information and to begin building your case.
