What if the Cops Found Drugs During a Traffic Stop?

Drug offenses are taken seriously in Wisconsin. State law divides controlled substances into five schedules, much like federal drug laws. Sentencing for possession, manufacturing, and trafficking of controlled substances is based on the substances schedule, the amount, and other factors. The amount of a controlled substance always includes the substance itself, plus anything it is mixed it. 

The consequences of getting caught with a controlled substance range from a term of imprisonment ranging from six months to forty years and the fines range from $1,000 to $100,000. There are also collateral consequences that include license suspension for six months to five years and civil forfeiture of assets used to transport controlled substances.

Unreasonable Search and Seizure

The United States Constitution and Wisconsin State Laws both prohibit unreasonable search and seizures. The rights afforded to citizens by these laws guarantee security against search and seizure without a warrant based on probable cause. The warrant must also state the particular places to be searched and items to be seized. The laws protect people, their houses, and their effects, including automobiles. However, there are instances in which a vehicle may searched absent a warrant.

When Can a Police Officer Search My Vehicle?

Of course, a police officer may perform a search of your vehicle with a valid warrant based on probable cause, but what about the times when a warrant is not required? The following instances are examples of times when a warrantless search may be upheld by a court:

• When you are pulled over, and you give a police officer consent to perform a search of your vehicle, any contraband found can be used against you in court. The search and items seized were found in a lawful manner, and the evidence will not be suppressed.
• When you are lawfully arrested, a police officer may be able to search your vehicle. A search incident to a lawful arrest permits the search when a recent occupant is arrested. The search is limited to the immediate area of the suspect. Courts have stated that “immediate area” means that within reach of a suspect while his arms are outstretched. Police may also search the areas that a suspect could lunge into. 
• When the owner of a vehicle is arrested, or his car is impounded for any other reason, a search can be conducted without a warrant. This is an inventory search, and any contraband found in the vehicle be used as evidence against the owner, whether or not it is the owner's. 
• One last, well-known exception to the rule of search and seizure is the Automobile Exception. Under this exception, when a police officer has probable cause to believe that contraband or evidence of a crime is in the vehicle, he may search it. Probable cause also applies to the areas that may be searched, but that can include the trunk and any closed or locked containers.

Have You Been the Subject of a Warrantless Vehicle Search?

If you have been arrested for drug possession after a traffic stop, call the Cohen Law Offices at (715) 514-5051 to schedule a free consultation. The experienced criminal defense attorneys of Cohen Law Offices will work to find ways to suppress evidence or other defenses to resolve your case as favorably as possible.