If you are considering speaking with a Sugar Land criminal attorney regarding a recent traffic stop, one of the first topics of discussion will pertain to the officer's conduct during the stop, and whether proper procedures were followed. Criminal procedures during traffic stops are governed by both the U.S. and Texas Constitutions, and officers who fail to abide by proper protocol will likely effectuate the exclusion of evidence or the dismissal of the criminal charge. Your criminal attorney will make certain your rights were upheld and argue for suppression of evidence or dismissal of charges if the police did not act according to the law.
Criminal procedure during a traffic stop
The over-arching principles of criminal procedure law are that private citizens should expect freedom from unwarranted government intrusion. This means that the police must have probable cause before searching your property or person. Absent a finding of probable cause, any contraband or criminal activity uncovered during a search is subject to suppression by the court. In the context of a traffic stop, police are not permitted to pull cars over without some reasonable suspicion that a crime has occurred, is occurring presently, or is about to occur. As your Sugar Land criminal attorney will explain, a violation as minor as failure to use a turn signal can open the door for police to stop a motorist. In one recent case, a Texas court upheld a traffic stop based on a faulty headlight, based on officer testimony that the light appeared white, instead of red, when the brakes were enacted.
Contact a competent criminal attorney today
If you are in need of criminal defense following a recent traffic stop, Sugar Land criminal attorney John Venza can assist you with your charges. Contact his office today by calling 281-971-5660.