Officer Friendly Stopped You…Now What?
(Published in the Spring/Summer of 2008 Newsletter)
One question we often hear is, “Can the police search my car when they pull me over for a traffic violation?” Generally, no. However, due to the mobility of cars, time does not permit the police to get a search warrant. Therefore, if the police have “probable cause” (i.e., more than just a hunch), to believe that there is contraband in the car, they may search it.
There are exceptions that allow the police to conduct a search, however, even without probable cause. For instance, if the police saw you throw something out of the car before you stopped, he can search the car. If you reach over to get what the officer believes is a weapon, he may search the car under the “officer safety” exception. Of course, if the officer sees contraband in plain view, he may also conduct a search as well.
Another question we frequently get is, “Should I just plead guilty to the traffic violation(s) and pay my fine?” Before doing so, you should know and consider the consequences. People are often charged with violations they did not commit (i.e., “overcharged”). Violations result in points on your driving record, some carry a license suspension, not to mention a huge insurance rate increase. If you immediately plead guilty you typically do not find out about these other effects until it is too late to do anything about them. Call us immediately when you’ve received any traffic citation to be sure you make the right decision. We have helped hundreds of people in this situation.
Menges, McLaughlin, & Kalasnik P.C.
www.YourLawFirmForLife.com
NOTE: The contents of this Newsletter are not intended to be, nor should they be taken as, specific legal advice as each situation is different. Please contact a lawyer with any questions you may have.
The Traffic Law attorneys at Menges, McLaughlin & Kalasnik, P.C. can help. Contact us now by calling, toll free, 1-866-464-5297.