Illegal search and seizure on I-35 is something many vehicle drivers have been subjected to in the past because of the increasing drug activity caused by contradicting drug laws of neighboring states. An officer will usually begin a stop unlawfully, pulling over a driver just because he/she is suspicious of an out-of-state license plate. Usually, the officer will present a minor traffic violation for the reason of the stop before asking the driver to submit to a search of the automobile. This situation is truly a frightening experience to drivers, and many times motorists will allow the illegal search of their car and/or property to happen without a fundamental knowledge of what is allowable in accordance with their constitutional rights.
When Does It Become Illegal Search and Seizure On I-35?
State or federal law enforcement officials can only conduct a search of your property if they have probable cause. They need to get a valid search warrant or a cause to believe, more than just a suspicion, that a crime is currently being committed or that you are about to commit a crime. An arrest must be assisted by probable cause in order to be deemed lawful. Only after an arrest has been made can the cops search, or “frisk,” the body of the person who was arrested for weapons or illegal items. In addition, the police can search the motor vehicle, including the trunk, if there is a reasonable belief that they hold illegal or stolen goods.
To stop a car, a policeman needs only a reasonable suspicion that the driver is in the act of committing or has committed a traffic offense. In most cases, the reasonable suspicion arises from the officer’s own perceptions of the driver’s behavior. As a general rule, however, a speeding or traffic violation, by itself, will not validate the search of an automobile. A driver’s accelerated speed does not signify that the driver is violent, and it does not give the police officer any reason to think that he is in jeopardy of being attacked.
Fighting an Illegal Search and Seizure on I-35
There are many methods to fight illegal search and seizure on I-35 because all cases generally possess their own set of circumstantial factors. The Fourth Amendment of the Constitution of the United States, however, is a very good area to start because it prohibits unlawful searches and seizures. Generally, many of the illegal searches and seizure cases brought to court are made without a warrant are unconstitutional and invalid. This is generally referred to as the “Fourth Amendment warrant requirement.” A search warrant allows law enforcement personnel to just search certain and specified areas for specific items. Evidence accumulated by police through an unlawful search and seizure can not be made use of in a criminal action against a defendant. This doctrine is known as the exclusionary rule.
Illegal Search and Seizure on I-35 Defense Lawyer in Iowa
The law regarding an illegal search and seizure on I-35 is long and complex. You need to fully learn not only the individual laws of your state but also the common law, in order to efficiently question the charges against you. But purely researching the topic is not good enough. You ought to get a criminal defense attorney who has the training of how “the other side” operates to get things done. A distinguished drug lawyer can help you sort out your illegal search and seizure on an I-35 case and figure out if the evidence was obtained without a warrant or probable cause and whether it should be permitted in court.