Many people assume that if drugs or contraband were found in a vehicle during a traffic stop, the outcome of a criminal matter has already been decided. But this is not always the case. Importantly, a traffic stop must have been legal in the first place in order for evidence of the drugs to be admissible in court. Although challenging an underlying illegal traffic stop doesn’t guarantee that the charges will be dropped, the legality of the stop is one of the most consequential things a criminal defense attorney will evaluate (and challenge) in a drug case.

Key Takeaways

• A traffic stop must be based on reasonable suspicion of a traffic violation or crime in order for it to be legal. Evidence found during an illegal traffic stop may be inadmissible in court.
• Officers need to have reasonable suspicion based on articulable facts (not just a “hunch”) to conduct a traffic stop.
• If a traffic stop or search was found to be unlawful, the “exclusionary rule” and the “fruit of the poisonous tree” doctrine may allow incriminating evidence to be suppressed, provided a formal motion is filed in court.
• In the event a motion to suppress is granted and the evidence was central to the case, a prosecutor may be unable to move forward, which can often result in a dismissal of the charges.

What Makes a Traffic Stop Legal in North Carolina?

In order for a traffic stop to be legal, a police officer needs reasonable suspicion that a traffic law has been violated or another crime has occurred before they can pull a car over. While this is a lower standard than “probable cause,” it must still be based on specific, articulable facts rather than simply a “hunch.” Some common valid reasons for a traffic stop can include speeding, a burned out tail light, weaving between lanes, or an expired tag.

Critically, under Heien v. North Carolina, a stop can still be valid even if it is based on an officer’s reasonable good-faith mistake about what the law actually requires. A pretextual traffic stop can also be legal in certain cases. Significantly, even if the officer’s true motive was to investigate a crime, a traffic stop would be considered legal as long as an actual traffic violation occurred and provided them with the legal grounds necessary to pull the car over.

When Does a Stop Cross the Line Into Illegal Territory?

While North Carolina has very strict drug laws, many drug charges originate from traffic stops. This means the legality of the stop itself is critical. A traffic stop crosses the line into unlawful territory if there was no reasonable suspicion at all for the initial stop or the stop was unlawfully extended. Specifically, an illegal traffic stop may arise in the following situations:

• Prolonged traffic stop: Under Rodriguez v. United States, once the reason for the traffic stop has been resolved, an officer generally cannot prolong it any further unless they have independent reasonable suspicion of another crime. This includes extending a traffic stop while waiting for a K-9 unit to arrive.
• Lack of consent to search the vehicle: If an officer has no other legal justification to search your vehicle, and only requested a search based on your permission, they are not legally permitted to do a consent search if you refuse or your consent was coerced.
• Searching areas unrelated to the stated reason for the stop: Under the Fourth Amendment and North Carolina law, the police are generally not permitted to search areas or conduct an investigation into matters unrelated to the original reason for the traffic stop unless they have reasonable suspicion or probable cause that another crime has been committed. A search that goes beyond its legal justification may be challenged.

An illegal extension of the stop or an unlawful expansion of a search may result in any incriminating evidence found following the stop to be suppressed in court.

How an Illegal Traffic Stop Can Get Drug Evidence Thrown Out

Also referred to as the “exclusionary rule,” N.C.G.S. § 15A-974 prohibits drugs found during an illegal traffic stop to be admitted into evidence. Significantly, under the “fruit of the poisonous tree” doctrine, any evidence discovered in connection with an illegal stop is considered tainted, not only the stop itself. However, it’s essential to understand that the exclusionary rule is not automatic. A timely formal motion to suppress must be raised in writing and supported by an affidavit. The issue cannot simply be mentioned informally in court.

There’s an important nuance to be aware of under North Carolina law when it comes to getting drug evidence thrown out after an unlawful traffic stop. Specifically, the state has declined to extend the federal “good faith” exception to Constitutional violations, which allows evidence to be admitted despite a Constitutional violation if an officer acted with a reasonable good-faith belief that their conduct was lawful. Under State v. Carter, suppression is still required to protect the integrity of the state courts, even in situations where an officer acted in good faith. However, a 2011 amendment to the law does dictate a narrower good-faith exception for purely statutory violations, not Constitutional ones.

What Happens After a Successful Motion to Suppress

There are certain procedures involved with filing a motion to suppress after an illegal traffic stop: the defendant (through their counsel) files the motion and a suppression hearing is held in court. The prosecution has the burden of proof to show that the stop and search were both lawful. In cases where the motion is granted and the suppressed evidence was central to the case, prosecutors usually have no realistic path to move forward. This can result in the state dismissing the charge, rather than proceeding to trial.

Notably, evidence cannot be suppressed in every drug case. Suppression hinges upon the specific facts of the stop, any available video footage, and the officer's reports. This is why an early, careful review of the case by experienced counsel is crucial. In addition, a win at this stage isn’t always the final word since the state has a limited right to appeal a granted suppression motion. But it can still be a major turning point for the defense.

Contact an Experienced North Carolina Criminal Defense Attorney

If you’ve been charged with a drug crime after an illegal traffic stop, it’s vital to have a knowledgeable drug crimes attorney by your side who can safeguard your legal rights and fight for the best possible outcome in your case. Providing skillful representation to clients in Johnston County and throughout North Carolina, the criminal defense attorneys at Reece & Reece, Attorneys at Law can evaluate the facts of your case, and file any appropriate motions to challenge the prosecution’s evidence against you. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.