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Law Office Of Kevin Bessant & Associates | Article

Detroit Criminal Defense-Police Traffic Stops

7/6/2012
Criminal Defense Detroit Attorney-Tips & Resources

Criminal Defense Detroit-Police Traffic Stops

Criminal Defense Detroit Attorney’s are often faced with the legal challenge of defending a clients Fourth Amendment Rights during a police traffic stop. Traffic stops are very common and a great concern by people as to whether or not it is lawful for police officers to search your car in such circumstances. If you want to find out about your rights as a driver and as a private citizen, a criminal defense Detroit attorney can help you. You can call a reputed criminal defense Detroit Attorney if you think that your rights are violated because of an illegal car search during a traffic stop.

Criminal Defense Detroit- When are Traffic Stop Search and Seizures Lawful?
• Traffic Stops are generally considered lawful under several different scenarios. According to a experienced criminal defense Detroit Attorney, it would depend on the situation and circumstances related to the traffic stop. Searches are considered reasonable by the Police under the following situations:

Police Traffic Stop
* Stop and frisk law
* After making a lawful arrest
* The evidence is in plain sight
* There is consent (permission) to search
* Hot pursuit
* Automobile exemption
* Exigent circumstances (emergency situations)

In the circumstances above, search warrants are not required. This means that police officers can search your car during a traffic stop lawfully. However, if these situations do not apply, you may claim that there is violation of your Fourth Amendment right to be free from unreasonable searches and seizures.This is where the representation of a criminal defense Detroit Attorney can help you fight the government and law enforcement’s unlawful search of your vehicle and demand that your Fourth Amendment Rights be protected in court! If found to be an unreasonable search, a criminal defense Detroit attorney can argue for all evidence seized during the unlawful search to be excluded from evidence, which tremendously hinders the prosecution’s ability to try their case against you.

Criminal Defense Detroit-Why Are Warrantless Searches of Your Vehicle Against the Law?

Generally, warrantless searches are unreasonable because it is an intrusion of an item or area where an individual expects reasonable privacy. For instance, if you have a locked briefcase inside the car, the police cannot just take it by force and open it. The lock signifies that you expect a great interest of privacy on the briefcase and this could require a warrant. Criminal Defense Detroit Attorney recommends you request the police obtain a warrant to search any locked compartments or boxes before you willingly open up the items for the police to search. Be mindful that in cases of suspected drug possession in a vehicle, the police are allowed to have canine dogs sniff locked and concealed compartments for drugs or contraband. If drugs, contraband, or other illegal items are found during an unreasonable search and seizure, criminal defense Detroit Attorney can request the suppression and exclusion of that evidence in furtherance of your Fourth Amendment Rights.

During a traffic infraction, if there is probable cause to believe that illegal substances are inside the car, or that criminal activity has taken place, the police can arrest you and perform a search of the vehicle without a warrant. This means that the police can search through the door panels, tire wells, bags, glove compartment, and any other unlocked container or case where the evidence might be stored. This is called a “search incident to arrest”. For example, if a police officer asks you to pull over because of driving without license or for speeding, the officer cannot simply search your car, unless a subsequent search incident to an arrest occurs. Thus, if drugs, open alcohol, or other criminal items were found during the traffic stop, a warrantless search may be conducted. A criminal defense Detroit Attorney’s goal when a search incident to arrest has occurred is to challenge the orignial nature of the traffic stop. If it can be shown that the police officer never had probable cause to perform the traffic stop in the first place, then evidence confiscated during a search incident to arrest has the potential to be excluded from evidence.

Criminal Defense Detroit- What Can You Do To Protect Your Rights?

Private citizens should know of their rights when being pulled over during traffic stops. While a criminal defense Detroit Attorney can provide great assistance to you in the courtroom, it is up to the individual to know and protect their rights during a traffic stop! The Police must have probable cause to believe that a traffic infraction or crime has been committed in order for police officers to carry out searches during traffic stops. Do not hesitate to consult with your criminal defense attorney Detroit to learn more about the Fourth Amendment, your rights during a traffic stop, and the exemptions to a warrantless search.
If you have reason to believe that your rights have been violated, you should consult with your criminal defense Detroit Attorney right away. The law is designed to protect you from abusive and illegal search procedures by the police. Contact Detroit Criminal Defense Attorney Kevin Bessant if you believe your rights have been violated. Being well-informed about your rights as a private individual and driver is important. A criminal defense Detroit attorney is your best friend, and if you are arrested and searched, do not wait, contact criminal defense Detroit Attorney Kevin Bessant immediately.