If you are driving in North Carolina, police can only pull you over for certain reasons. Going one step further, they may only search your vehicle for cocaine if they meet additional requirements. This includes the use of a K9 unit. If you are facing cocaine charges because of a search after a traffic stop, you might wonder whether the police met these strict requirements. Your traffic stop or search might have been unconstitutional, and a cocaine defense lawyer in North Carolina may be able to help you fight for your rights.
North Carolina Arrested With Over 400 Grams of Cocaine After Traffic Stop
In October of 2024, The State reported that a man had been arrested on cocaine charges after a traffic stop in the Carolinas. The defendant was allegedly driving down I-95 when he was pulled over for “moving violations.” The deputies then reportedly searched his vehicle and discovered a quantity of cocaine.
Authorities say that the arresting deputies developed “reasonable suspicion” when they received a signal from their police dog. Assumedly, this canine had been trained to smell and detect drugs from the exterior of vehicles. The defendant faces decades behind bars, as he was allegedly in possession of enough cocaine to trigger trafficking charges.
Perhaps most notably, there was no word on the nature of the moving violations that caused the traffic stop. Authorities failed to reveal any details of these offenses other than the fact that there were two separate traffic violations.
Can a Police Dog Trigger “Probable Cause” for a Search?
According to various sources, police in North Carolina cannot use “drug sniffer dogs” without your consent. The use of a canine is usually considered a “seizure” under the Fourth Amendment. In other words, police need probable cause, a search warrant, or your consent before they can use a dog to detect potential drugs. This usually applies even if the police never “enter” your vehicle and instead use the dog to sniff its exterior. It’s not clear whether the aforementioned defendant gave his consent to the canine “search.”
Violations That Can Trigger Traffic Stops in North Carolina
A wide range of traffic violations can trigger traffic stops in North Carolina. These include speeding, missing plates, not fully stopping at a stop sign, and many others. However, some traffic violations do not meet the “reasonable suspicion threshold” in the Tar Heel State. A clear example is having a single broken light, which generally does not give police the right to pull you over.
Can a Cocaine Defense Lawyer Help Me Fight My Charges?
A cocaine defense lawyer in North Carolina may be able to help you fight your charges. In many past cases, defendants have successfully argued that their traffic stops and searches were unlawful. That being said, various other defense strategies may be possible. It’s difficult to determine the most appropriate course of action without taking into account your unique circumstances. Schedule a consultation with Coastal South Law today to discuss these specific factors – and get started with a personalized action plan.
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