Don't we have enough laws already? Aren't there, already, enough reasons to stop a citizen legally driving down the road, minding their own business? Apparently not.
You've probably heard all the crime rate statistics, so you know that Florida is a hot bed for traffic stops, and drug charges--the two go hand in hand. Basically, people keep drugs in their cars. They then get pulled over with these drugs in the car. It's just that simple. Its safe to say that the vast majority of all drug possession charges come from a search of someone's vehicle after a traffic stop.
So if traffic stops lead to vehicle searches, and these searches lead to drug arrests, let's review some common traffic stop scenarios. The most common (bogus) reason for a traffic stop is failing to stop at a stop sign. Yep. Rolling thru a stop sign is a favorite of drug enforcement units who have no desire to enforce traffic laws, but merely have a quota of drug arrests to meet in order to justify their employment. And, another favorite reason for a stop is illegal window tint. Of course, we criminal defense attorneys have our ways of demonstrating to judges the fabricated nature of such stops, but that's a discussion for another day. Today, let's talk about those instances in which the police are mistaken as to the traffic laws.
There's a long list of drug possession convictions which have been overturned due to illegal traffic stops. The illegality of a traffic stop comes in many forms, and sometimes its simply due to an officer's mistaken ideas of law. For example, one driver was pulled over for not having a center rearview mirror in his car. News Flash: the absence of a center review mirror does not constitute a reason to stop a vehicle. Why, you ask? Because center rearview mirrors are not required under Florida law. In such stops, all drugs found after the stop will be suppressed. See Leslie v. State, 108 So.3d 722 (Fla. 5th DCA 2013). By the way, one rearview mirror is required, but it may be located on either side of the vehicle, so long as it permits the driver to see 200 feet behind the car (don't need two mirrors, just one). The stop in the Leslie case is what is commonly referred to as a "mistake of law". And, under no circumstances can an officer's mistake of law justify a traffic stop.
Don't we have enough laws already? Aren't there, already, enough reasons to stop a citizen legally driving down the road, minding their own business? Apparently not.
You've probably heard all the crime rate statistics, so you know that Florida is a hot bed for traffic stops, and drug charges--the two go hand in hand. Basically, people keep drugs in their cars. They then get pulled over with these drugs in the car. It's just that simple. Its safe to say that the vast majority of all drug possession charges come from a search of someone's vehicle after a traffic stop.
So if traffic stops lead to vehicle searches, and these searches lead to drug arrests, let's review some common traffic stop scenarios. The most common (bogus) reason for a traffic stop is failing to stop at a stop sign. Yep. Rolling thru a stop sign is a favorite of drug enforcement units who have no desire to enforce traffic laws, but merely have a quota of drug arrests to meet in order to justify their employment. And, another favorite reason for a stop is illegal window tint. Of course, we criminal defense attorneys have our ways of demonstrating to judges the fabricated nature of such stops, but that's a discussion for another day. Today, let's talk about those instances in which the police are mistaken as to the traffic laws.
There's a long list of drug possession convictions which have been overturned due to illegal traffic stops. The illegality of a traffic stop comes in many forms, and sometimes its simply due to an officer's mistaken ideas of law. For example, one driver was pulled over for not having a center rearview mirror in his car. News Flash: the absence of a center review mirror does not constitute a reason to stop a vehicle. Why, you ask? Because center rearview mirrors are not required under Florida law. In such stops, all drugs found after the stop will be suppressed. See Leslie v. State, 108 So.3d 722 (Fla. 5th DCA 2013). By the way, one rearview mirror is required, but it may be located on either side of the vehicle, so long as it permits the driver to see 200 feet behind the car (don't need two mirrors, just one). The stop in the Leslie case is what is commonly referred to as a "mistake of law". And, under no circumstances can an officer's mistake of law justify a traffic stop.