Most people in Nebraska and across the country may be aware that they have certain rights afforded them by the U.S. Constitution. Despite this knowledge, however, many may be unable to recognize a violation of their rights when it involves interactions with law enforcement officers. Two men who were recently arrested and now face drug charges may be questioning whether they were treated lawfully following a recent traffic stop.
The men were arrested following an early morning traffic stop that happened on a day in mid-July. According to a sheriff’s deputy, he was patrolling Interstate 80 when a car allegedly “sped” by, though it is unclear how fast the car was traveling. The deputy claims that he initiated a stop, but the vehicle, containing a driver and one passenger, did not immediately pull over. Instead, the officer says, the driver waited until he reached a parking lot to do so.
When he approached the vehicle, the officer claims that he noticed a large trash bag in the rear of the vehicle. He also claims that he smelled marijuana coming from “the passenger compartment.” As a result, he initiated a search and claims he discovered drugs in the vehicle.
As a result of the search, the men face multiple drug charges, including possession with the intent to deliver cocaine, marijuana and hash. Despite the claims made by the Nebraska sheriff’s deputy, a person’s vehicle can only be searched under certain circumstances without a warrant. As part of their response to the charges against them, the men may examine whether the search of the vehicle was performed lawfully. Because people without legal training may be unsure how to respond to suspected unlawful treatment, many choose to hire an experienced criminal defense attorney to examine all aspects of their case.