Challenging Vehicle Searches Resulting From Traffic Stops
Every week, many Tennesseans all across the state are charged with drug or other offenses as a result of evidence uncovered by law enforcement officials pursuant to a routine traffic stop. In many such stops, the defendants feel like they have to allow the officers to search their car upon request, which simply isn’t true. Absent such consent, a search can only be conducted if the stop itself was valid (the officer must have reasonable suspicion to make the stop) and the officer has probable cause to conduct the search during the stop. Where a vehicle search is conducted and evidence of a crime is found, a defendant can face serious charges. The ability to prove that the stop was invalid can lead to suppression of the evidence and possibly result in the charges against the defendant being dropped.
In order to make a legal traffic stop, the police officer must have reasonable suspicion that a crime is being committed by the driver. This can be any crime that can give rise to a traffic stop, from speeding to failing to wear a seatbelt, but the officer must be able to show that the crime actually was or actually was about to be committed. An experienced criminal defense attorney can sometimes show the court that circumstances surrounding the stop indicate that the stop was actually illegal and that all of the evidence should be suppressed.
A good example of this can be found by looking at the case of State v. Feaster, where an officer pulled over the defendant for failing to signal a turn and eventually discovered that the defendant was in possession of cocaine. On appeal, the defense attorney was able to get the evidence suppressed because it was determined that the defendant’s failure to signal a turn did not violate Tennessee law because there was no proof that any other vehicle would be affected by the driver’s turn. If a turn or other movement will not affect any other driver, Tennessee law does not require the driver making the turn or movement to use his or her signal. Thus, the defendant in this case did not break the law and there was no reason for the defendant to be subjected to a traffic stop. This case provides a great example of how a skilled criminal defense attorney can protect a defendant from unreasonable searches and enable the defendant to avoid significant jail time.
Source: State v. Feaster, 35 TAM 35-21, 7/21/10, Nashville, Welles, 18 pages.
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