Many drivers do not realize a drug charge can occur during a random traffic stop. In Maryland, this is a favorite tool by police officers to uncover drugs. They typically ask drivers to pull over for minor traffic violations, tinted windows and expired tags. This seemingly routine check can escalate to a drug charge situation under certain circumstances.
Probable cause is crucial
If asked to pull over, police officers cannot search your car without probable cause. They need a reasonable belief that you have committed a crime, or that evidence of a crime is present in the vehicle. A simple traffic violation may not be enough for a search.
The officer can establish probable cause if they smell marijuana coming from the car, see drug paraphernalia in plain view or observe the driver acting suspiciously. Additionally, a trained K-9 unit can alert the officer to the presence of drugs, potentially giving them probable cause for a search.
You have the right to tell them “No”
It is important to remember that you have the right to refuse a search of your vehicle. If the officer asks for your permission, you should politely but firmly decline. Do not resist if they proceed with a search anyway, but make it clear that you are not consenting.
The validity of the search later hinges on whether the officer had probable cause. An illegal search could throw any evidence found (drugs) out of court, potentially dismissing your charges.
Seek legal help when necessary
Knowing your rights can significantly affect the outcome if you face drug charges from a traffic stop. It is also advisable to call your attorney immediately. They can review the details of your case and fight to get the charges dropped.