When a Traffic Stop Turns Into a Drug Case
Being pulled over by a police officer can be inconvenient for a person who may have committed a traffic violation. In many cases, these traffic stops lead to tickets and fines. However, a situation can quickly become much more serious when a police officer suspects that drugs may be present in a vehicle. In these cases, a traffic stop for a minor violation like speeding or a broken taillight may result in a search, an arrest and drug crime charges.
Law enforcement officers often use traffic stops as opportunities to investigate drivers for suspected criminal activity. If drugs are discovered during a search of a vehicle, the driver and any passengers may face multiple types of charges. Arrests may also occur after car accidents in which police officers suspect that a driver was using drugs.
How Often Do Traffic Stops Lead to Vehicle Searches?
Statistics show that arrests for drug crimes only occur in a small percentage of traffic stops. According to the American Civil Liberties Union (ACLU), between .3 percent and 1 percent of all traffic stops result in arrests due to contraband. However, the ACLU also reports that more than 20 million people are pulled over for traffic violations each year. This means that between 60,000 and 200,000 people are arrested each year in these types of cases.
Reasons Police May Search a Vehicle During a Traffic Stop
Before a police officer can search a vehicle during a traffic stop, they will usually need to have probable cause to believe that a crime has been committed. There are several reasons why an officer may suspect that drugs are present in a vehicle, including:
- Odor of Drugs: An officer may claim that they smell marijuana in a vehicle.
- Visible Paraphernalia: An officer may see pipes, rolling papers, syringes or other items related to drugs when looking through a vehicle’s windows.
- Suspicious Behavior: A driver or passengers who appear nervous, give inconsistent answers to questions or attempt to hide items may raise an officer’s suspicions.
- Drug-Detection Dogs: When an officer suspects that a person may be carrying drugs, they may have a K-9 unit come to the traffic stop, and if the dog responds to the smell of drugs, this may provide probable cause to search the vehicle.
Drug Charges That May Result From a Traffic Stop
Drug Possession
Simple drug possession charges are common when people are arrested after traffic stops. These charges will generally involve smaller amounts of drugs. Depending on state laws, possession charges may be classified as misdemeanors or felonies.
Possession With Intent to Distribute
If police believe drugs were intended to be sold or distributed, prosecutors may pursue more serious charges. Officers may point to factors such as:
- Large quantities of drugs
- Packaging materials
- Large amounts of cash
Charges of possession with intent to distribute will usually carry harsher penalties than charges of simple possession. If a person is accused of being involved in a larger drug distribution scheme, they could face drug trafficking charges.
Possession of Drug Paraphernalia
Drivers or passengers may face separate charges related to items that were allegedly used to consume, store, or distribute drugs. These items may include pipes, syringes, or baggies.
Why Drug Arrests May Occur After Car Accidents
When a car accident occurs, police may perform an investigation and look for signs of impairment or criminal conduct. During these investigations, police may discover drugs inside a vehicle, or they may believe that a driver was under the influence of drugs at the time of the collision.
A person’s blood may be tested to determine whether they had drugs in their system. The specific testing procedures and the charges that may apply will depend on state laws and the procedures followed by law enforcement officials. In cases involving more serious crashes that resulted in injuries or fatalities, the legal consequences a person may face can become significantly more severe.
Legal Challenges in Cases Involving Traffic Stops and Drug Charges
When a traffic stop leads to an arrest for drug crimes, questions may arise about whether a police officer followed the proper procedures during the stop and arrest. A criminal defense attorney may take steps to determine whether an officer had a legal justification for the traffic stop, whether there was probable cause for a search, and other factors.
Attorney Michael Robinson, a criminal defense lawyer, explains, “Drug charges that are based on traffic stops may involve complicated constitutional issues. A traffic stop and search that seemed to be routine may have violated a person’s rights. Legal representation can be crucial in these cases to help ensure that a person will be able to resolve a criminal case successfully.”