While navigating the South Carolina roadways, you may notice sirens in your rearview mirror, indicating you are being pulled over by law enforcement. Understandably, your primary concern may be receiving a traffic ticket. However, if drugs are found in your vehicle, you could be facing much harsher consequences. Please continue reading to learn the potential defenses for drug charges from a traffic stop and how our qualified Chesterfield County Drug Crime Lawyer can help protect your rights.
When Can the Police Stop Your Vehicle in South Carolina?
For law enforcement officers to conduct a traffic stop, they need a legal basis. This legal standard is called reasonable suspicion. This means that the police must have observed a traffic violation to lawfully make a traffic stop. These violations can be as simple as driving over the posted speed limit, a seat belt infraction, or failing to use a turn signal. Given today’s technological advancements, police officers are required to wear dashcams. As such, it’s in your best interest to work with an experienced lawyer who can review evidence to see if the police complied with the reasonable suspicion legal standard.
What Are the Potential Defenses to Drug Possession Charges?
Even if the traffic stop is lawful, it’s crucial to understand that police officers cannot search your vehicle without consent or a valid legal basis. In South Carolina, a search without consent requires probable cause that there is contraband inside the vehicle. If the police lacked probable cause, a skilled lawyer can argue that you were the victim of an unlawful seizure, and any evidence recorded following that stop would be deemed inadmissible against you in court.
Therefore, you may be able to claim the search is unlawful under the Fourth Amendment of the U.S. Constitution. If pertinent evidence is suppressed, it can weaken the prosecution’s case. This can lead to reduced or dismissed charges. It’s important to note that the police can search your vehicle during a traffic stop. If anything in plain sight indicts drug use or possession, law enforcement officers will have probable cause to perform a more extensive search of you and your vehicle.
Furthermore, you may be able to argue that you were not knowingly in possession of the drugs found in your vehicle. For example, if you were borrowing another person’s vehicle. The prosecution must prove that you knew you were transporting or possessing an illegal substance. If they cannot prove this, you may be able to avoid liability.
If you are facing a drug charge in South Carolina, please don’t hesitate to contact a Chesterfield County drug crime lawyer, who can help you develop a robust defense strategy to shield you from the long-lasting implications of a conviction. At the Cockrell Law Firm, P.C., we can help you safeguard your rights. Contact our dedicated legal team today to discuss your case.
