Here’s a quick and common response from individuals in New York City and across the state and remainder of the country to the above-posed blog headline: I don’t know why.
In fact, police officers stopping vehicles on dubious grounds is a troublingly common occurrence, and it frequently yields stark downsides for detained drivers.
We prominently note that on our website at the established NYC criminal defense firm of Robert D. DiDio & Associates. We stress therein that cops frequently “stop cars and seize drivers with little or no reason.” Moreover, evidence from many cases reveals that they use that detention to “perform illegal searches to discover evidence of a crime otherwise undetectable.”
Has that happened to you? Is that reality something that any of your friends, acquaintances or loved ones can relate to?
Candidly, it should never happen. A bedrock principle of American constitutional law mandates that police officers have legal grounds to stop a vehicle only when they first have probable cause to do so. That means that a stop must be preceded by a reasonable belief that a traffic violation has been committed or that a crime has occurred or is about to occur.
Proven defense attorneys pay deepest attention to that, given their involvement in cases where “reasonable” didn’t turn out to be reasonable at all. Close scrutiny of offered “facts” and police motivation reveals in many instances that a stated rationale for stopping a driver is actually false and merely a pretext for a search aimed at turning up something illegal (often drugs and/or weapons).
That is unconscionable behavior that turns citizens’ constitutional rights on their head.
An experienced legal team will routinely probe a criminal matter for probable cause irregularities We note on our website that doing so entails exploring “every avenue of relief to either have evidence ruled inadmissible or obtain a dismissal of the charges.”
We welcome contacts to our firm to discuss our defense role and the aggressive representation we provide for diverse and valued clients.