Many traffic stops begin with an alleged traffic violation such as running a red light, speeding, or failure to signal. However, after an officer pulls a vehicle over for a moving violation or equipment defect, their observations can give them the probable cause they need to further investigate a drug crime. For instance, if an officer sees drug paraphernalia in plain sight, smells marijuana coming from the vehicle, or observes physical indications of impairment, they may expand the scope of the stop to conduct a vehicle search. If they uncover drugs or evidence of drug distribution, this can result in drug charges after a traffic stop.

Key Takeaways

When Can a Traffic Stop Lead to Drug Charges?

A generalized suspicion that a driver has committed a drug crime is not sufficient to search a vehicle at a routine traffic stop. Critically, law enforcement can only conduct a search of a vehicle during a traffic stop if they have the consent of the driver or probable cause to do so. This is the legal standard required by the Fourth Amendment of the U.S. Constitution and North Carolina law. Specifically, probable cause exists when facts or circumstances give the officer a reasonable basis to believe that a crime has occurred and evidence of the crime will be found in the vehicle.

While probable cause is based on the totality of the circumstances, certain observations may be considered as part of that analysis, including the following:

• The smell of marijuana, when combined with other factors
• Signs of physical impairment or erratic movements consistent with drug use
• Visible drug contraband, paraphernalia, or open drug containers
• Extreme nervousness or unusual responses
• Attempting to hide items or bulging clothing
• Admissions by the driver
• A K-9 alert indicating the presence of a controlled substance

If an officer has probable cause to believe drugs are in the car, they may conduct a more thorough search of the vehicle without a warrant under the “automobile exception” to the warrant requirement. In such cases, an officer may search the areas of the vehicle where drugs or contraband could reasonably be found, including the passenger compartment, trunk, and other areas where drugs could be hidden.

What Drug Charges Can Arise from Routine Traffic Stops?

Drug charges after a traffic stop can result in cases where the police find illegal controlled substances, drug paraphernalia, or other evidence indicating drug possession or trafficking. Some common drug charges that can be brought against a driver or passengers can include:

• Possession of controlled substances: There are different drug possession charges in North Carolina, based on the type of drug and the quantity. While possessing a small amount of drugs for personal use can lead to a misdemeanor, a larger amount can result in felony charges or drug trafficking charges.
• Drug trafficking: If the police uncover a large amount of drugs from your vehicle, you may be charged with drug trafficking. These charges are typically triggered when a certain weight threshold for a controlled substance is exceeded and can carry a lengthy prison sentence.
• Possession with intent to sell or deliver: If law enforcement discovers illegal drugs in your vehicle and the evidence suggests they are meant for distribution rather than personal use, you can be charged with possession with intent to sell or deliver. Some of the evidence that can be used to support this charge include the presence of packaging materials, unusually large amounts of cash or ledgers of transactions, and paraphernalia to weigh drugs.
• Possession of drug paraphernalia: If an officer discovers items related to drug use or distribution during the vehicle search, you could face charges for possession of drug paraphernalia.

The consequences for a traffic stop that lead to drug charges can be severe. Penalties can include lengthy jail time, substantial monetary fines, and probation. A conviction can also result in a permanent criminal record and the collateral consequences that come with one.

How Can You Defend Against a Drug Crime Following a Traffic Stop?

If you are facing drug charges after a traffic stop, it’s crucial to have a knowledgeable criminal defense attorney by your side who can protect your rights. Depending on the circumstances surrounding the arrest, an attorney may be able to argue lack of probable cause to search the vehicle or a Constitutional violation.

For instance, if police did not have a legitimate reason to search your vehicle, any evidence or statement obtained in connection with the violation might be suppressed. Similarly, if statements were obtained during custodial interrogation without a proper MIranda warning, they may be excluded. This can significantly weaken the prosecution’s case against you or result in a dismissal of the case altogether.

Contact an Experienced North Carolina Criminal Defense Attorney

If you are facing drug charges after a traffic stop, it’s essential to have an experienced attorney who knows how to mount a solid defense. The Johnston County criminal defense attorneys at Reece & Reece, Attorneys at Law are committed to providing trusted representation to clients for traffic offenses, drug crimes, and DWI matters in North Carolina. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.