Regardless of the reason law enforcement pulls you over, you still have rights under the law. The attorneys at the Scharff Law Firm have more than 20 years experience in the criminal justice system. We understand the rights of criminal defendants and have devoted our careers to protecting them. If you or someone you love is facing criminal charges resulting from what you feel was an illegal traffic stop or search and seizure of your property, please contact us today for a free case evaluation with a Raleigh traffic ticket lawyer.
Probable Cause
The Fourth Amendment to the U.S. Constitution states that law enforcement officers cannot take or search an American citizen’s property without probable cause. A court or judge will not give a law enforcement officer a warrant to search your property unless he or she has a reason to suspect illegal activity. An officer can still pull you over without a warrant, as long as he or she can prove there was a good reason. Some specific situations where an officer could search without a warrant include:
- When he or she has consent from the owner,
- When illegal substances are in plain view,
- When he or she is conducting a search in connection with criminal activity, or
- In emergency situations that threaten other people’s safety.
What to Do When You Get Pulled Over in Raleigh
Though it is illegal for a police officer to pull you over without probable cause, it is not an uncommon occurrence. Even if the police officer does not have probable cause, it’s still in your best interests to follow his or her directions. When instructed to pull over, ease as much off the roadway as you can, put on your hazard lights, and gather your documents in preparation for the officer to approach your vehicle.
Be polite when speaking to the officer. Let the officer speak first and explain what he or she believes you have done. If you believe he or she is wrong, calmly explain your point of view. If the officer thinks you are being aggressive or antagonistic, the situation could quickly escalate.
You may not need to leave your vehicle, but, if the officer asks you to get out, follow his or her directions. Arguing with a police officer is never a good idea and could lead to him or her arresting you. If he or she feels threatened, it could lead to physical harm. If the officer believes you are driving while intoxicated, he or she will most likely ask you to take a breathalyzer test. North Carolina follows the implied consent law, so it’s usually in your best interests to take the test than refuse.
What Is Implied Consent?
As a driver in North Carolina, you are agreeing to not drive impaired simply by getting behind the wheel of a vehicle. If a police officer pulls you over, he or she has the right to compel you to submit to a breathalyzer test. If you refuse, you have 30 minutes to consult with an attorney before officers can arrest you and have you provide a sample by other means. North Carolina law immediately suspends your driver’s license for one year – though you may be able to reinstate limited privileges after six months – and your refusal will play a part in the adjudication of your case in court.
More than anything else, it’s important to stay calm if an officer pulls you over. If you did nothing wrong, know that your innocence will protect you. If you are guilty of a crime, it is important to obey the police officer’s instructions without arguing or fighting. An experienced Raleigh criminal defense attorney may be able to help drop or reduce the charges.
With more than 20 years experience in criminal defense, the lawyers at Scharff Law Firm will work tirelessly to protect your rights under the law. If you or someone you love is facing legal consequences due to an illegal traffic stop or vehicle search, please contact us today for a free case evaluation.
