FEDERAL AND STATE CRIMINAL DEFENSE ATTORNEYS
O'Brien Hatfield, PA GET YOUR FREE CASE REVIEW GET YOUR FREE CASE REVIEW Click To Text
TAMPA (813) 228-6989 • ORLANDO (407) 808-6750 • en Español (813) 390-2494

Vehicle search legality an important issue in criminal defense

There are a variety of ways and settings in which criminal suspects can be busted for dealing in drugs. One common context in which an individual may be busted is a traffic stop. In many cases, drug busts happen in connection with vehicle searches.

Vehicle searches in the context of drug investigations often happen when an officer witnesses a driver violating traffic rules and stops to check things out. This is what happened to a teen in Fort Walton Beach last month. In that case, officers issued a citation for a traffic infraction and then obtained the driver's consent to search the vehicle. Upon searching, they found marijuana and drug paraphernalia.

Traffic infractions are not always the occasion for a vehicle search, though. In another case, earlier this week, officers in Mary Esther cited a man for drug charges after noticing three men sitting in a car in a mall parking lot. After obtaining permission to search the vehicle, officers found drug paraphernalia and methamphetamine.

It is interesting that, in both of these cases, the defendants consented to a vehicle search. As some readers may know, there is no obligation for a criminal suspect to give an officer permission to conduct a search, whether of their person, house, or vehicle. Once consent is given, though, it opens up the door for police to expand their investigation well beyond its original grounds, whatever that may have been.

In our next post, we'll look at the issue of vehicle searches and some of the issues that should be considered when building a criminal defense case.

Sources:

Nwfdailynews.com, "Man facing drug charges after sitting in car at mall at 2 a.m.," Sep. 2, 2015.

Nwfdailynews.com, "Teen facing drug charges after traffic stop," Aug. 20, 2015.

No Comments

Leave a comment
Comment Information
Mark J. O'Brien's cases have been featured in:
The New York Times | The Miami Herald | Bay News 9 | abc 7 | The Boston Globe | USA Today | Tampa Bay Times | FOX News Channel | The Washington Post | abc Good Morning America | Chicago Tribune | NT News Talk Florida | St. Petersburg Times | Deadspin
“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
  • Former Partner at the Law Firm of Adams and Diaco (Robert Adams and Stephen Diaco)
  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
More Testimonials
American Association for Justice National Association of Criminal Defense Lawyers | NACDL 1958 Florida Association of Criminal Defense Lawyers | FACDL Super Lawyers AVVO | See Reviews LC | Lead Counsel Rated g+ | See Reviews