Driver Faces Drug Charges Following Traffic Stop For Speeding

Many drivers are arrested and charged with drug-related crimes following a routine traffic stop. Virginia motorists who are facing drug charges after a search of their vehicle should be aware that their arrest might not have been lawful. If an officer arrests you unlawfully, it is likely that the charges against you will be dropped. In order for an arrest to be lawful, the officer must have had reasonable suspicion to pull you over and probable cause to search your vehicle.

A driver in Virginia was pulled over for speeding on the highway recently. During the course of the stop, the officer reportedly smelled marijuana inside the vehicle. He then conducted a search of the vehicle and found various drugs, including a small quantity of marijuana, ecstasy, psychedelic mushrooms, Xanax and LSD. The officers arrested both the driver and the passenger and charged them with various drug-related crimes including possession with intent to distribute Schedule I or II narcotics. The two men were taken to a local jail where they were held without bail.

Virginia law requires that officers only pull drivers over if they have reasonable suspicion that a crime is being committed, has already been committed or will be committed in the future. Reasonable suspicion requires specific facts, meaning that the officer’s “gut feeling” is not enough to pull someone over. If you feel that you were stopped for no reason, it is very possible that the traffic stop you endured was illegal.

Once you have been stopped, an officer is not allowed to search your vehicle without probable cause to do so. This means that the officer must have reason to believe that the vehicle contains evidence of a crime. Generally, if the officer sees drug paraphernalia in plain view on the seat or smells a strong odor of drugs, that is enough probable cause to search the vehicle.

However, if the officer has probable cause to search the car, this does not mean that he necessarily has probable cause to search the trunk. If an officer searches the main body of your vehicle and does not find any evidence of crime, the officer may not have the probable cause required to search the trunk. If an officer did not have probable cause and searched your vehicle without your consent, the search may have been illegal, invalidating all evidence recovered during the search.

To find out whether your arrest stemmed from an illegal traffic stop or illegal search and seizure, you may want to contact a criminal defense attorney regarding your case. Asserting a criminal defense could help you reduce and even dismiss the charges against you.