How to Challenge Evidence Obtained From Illegal Traffic Stops In Galveston

How to Challenge Evidence Obtained From Illegal Traffic Stops In Galveston

If you have been arrested in Galveston for driving while intoxicated (DWI) or another offense, one of the first questions you might ask is whether the evidence against you is valid. If the evidence was obtained through an illegal traffic stop, there may be grounds to challenge it in court. The U.S. and Texas constitutions protect citizens from unreasonable searches and seizures, and this includes traffic stops. If law enforcement officers fail to follow the proper procedures or lack sufficient legal justification for stopping you in the first place, any evidence obtained as a result of that stop could be deemed inadmissible.

In Galveston, as elsewhere in Texas, officers must have a valid reason to pull over a vehicle. These reasons must fall within certain legal boundaries, including suspicion of a traffic violation, criminal activity, or safety concerns. Without reasonable suspicion or probable cause, any subsequent search, questioning, or evidence collected during the stop could violate your rights. We, as defense attorneys, work hard to identify whether your rights were violated during the traffic stop, which could significantly impact the outcome of your case.

Understanding The Legal Standards For Traffic Stops In Texas

The law governing traffic stops is based on the Fourth Amendment to the U.S. Constitution, which protects individuals against unreasonable searches and seizures. The Texas Constitution, under Article 1, Section 9, provides similar protections. For any traffic stop to be legal, law enforcement officers must meet one of the following requirements:

1. Reasonable Suspicion: This is the minimum level of legal justification for a traffic stop. Officers must be able to articulate specific facts or observations that lead them to believe that criminal activity is occurring or that a traffic violation has taken place. For example, if an officer observes a vehicle swerving, speeding, or running a red light, they can pull the vehicle over based on reasonable suspicion of a traffic violation.
2. Probable Cause: In more serious cases, such as when an officer believes the driver is under the influence of alcohol or drugs, probable cause may be required. Probable cause is a higher standard than reasonable suspicion and requires more evidence that a crime has been committed.

The Process Of Challenging Evidence From An Illegal Traffic Stop

If you believe that your traffic stop was illegal, it’s essential to challenge the evidence gathered as a result of that stop. Here’s how the process works:

1. Motion to Suppress: One of the primary ways to challenge evidence obtained from an illegal traffic stop is by filing a motion to suppress. This is a formal request asking the court to exclude any evidence that was obtained in violation of your rights. If successful, this motion can lead to the dismissal of the charges or a reduction in the severity of your case.
2. Proving the Stop Was Illegal: In order to win a motion to suppress, your attorney must demonstrate some illegality – for example, that the officer did not have a legal reason to pull you over. We will look at the specific facts surrounding the stop, such as the officer’s reason for initiating the stop, whether the officer observed a traffic violation, and if there was any indication of criminal activity. If the officer cannot justify the stop based on reasonable suspicion or probable cause, the evidence may be suppressed.
3. Challenging the Search: If the officer conducted a search of your vehicle following the stop, that search must also comply with legal standards. The officer must have probable cause, consent to search the car, or the search must fall under one of the exceptions to the generally recognized warrant requirement for searches. If the search doesn’t fall under one of those three, there may be a basis for challenging the legality of it.
4. Consequences of an Illegal Stop: If a court determines that your traffic stop was illegal, any evidence obtained from the stop—including field sobriety tests, breathalyzer results, and any statements you made—could be deemed inadmissible. This can significantly weaken the prosecution’s case against you.

How An Attorney Can Help

If you’ve been arrested and evidence was obtained from a potentially illegal traffic stop, it’s crucial to consult an experienced attorney. We can carefully review the circumstances of your arrest, gather evidence, and identify any violations of your rights. We will also represent you in court and work to ensure that any illegal evidence is challenged and potentially excluded from your case.

By challenging illegal traffic stops and suppressing evidence, we can help protect your rights and work toward the best possible outcome. This could mean reduced charges or even a case dismissal if there is not enough valid evidence to proceed with prosecution.

Texas Traffic Stop FAQs

What Qualifies As A Legal Traffic Stop In Texas?

In Texas, a traffic stop is legal if the officer has reasonable suspicion or probable cause. Reasonable suspicion can be based on a traffic violation, such as speeding or running a red light, or observable behavior that suggests criminal activity. Probable cause is required for more serious allegations, such as suspicion of driving while intoxicated (DWI).

Can I Challenge Evidence From A DWI Case In Galveston If The Traffic Stop Was Illegal?

Yes, you can challenge evidence from a DWI case if the traffic stop was illegal. If the officer did not have a valid reason for stopping you, any evidence gathered from the stop, including breathalyzer tests and field sobriety tests, can possibly be suppressed in court.

What Is A Motion To Suppress, And Why Is It Important?

A motion to suppress is a formal request to the court to exclude evidence obtained through an illegal search or seizure. If successful, it can result in the exclusion of crucial evidence from your case, which may lead to the charges being dismissed or reduced.

What Is The Difference Between Reasonable Suspicion And Probable Cause In A Traffic Stop?

Reasonable suspicion is a lower legal standard and can be based on the officer’s observations of behavior that suggests a traffic violation or potential criminal activity. Probable cause is a higher standard and requires more substantial evidence that a crime has been committed, such as signs of intoxication or criminal behavior.

Can An Officer Search My Car Without A Warrant In Texas?

An officer can search your car without a warrant in Texas under certain circumstances. If the officer has probable cause to believe that evidence of a crime is inside the vehicle, or if you consent to the search, the officer can conduct a search without a warrant. Otherwise, the officer would need a warrant, unless the situation falls under one of the warrant requirement exceptions as detailed under Texas law.

How Can An Attorney Help Me Challenge An Illegal Traffic Stop In Galveston?

An attorney can help by reviewing the circumstances surrounding your traffic stop, determining whether the officer had legal grounds for initiating the stop and filing a motion to suppress any evidence obtained from the stop. If the motion is successful, the evidence may be excluded from your case, which could result in a favorable outcome.

What Would Happen If The Court Ruled That The Traffic Stop Was Illegal?

If the court determines that the traffic stop was illegal, any evidence obtained during the stop, such as breathalyzer results, field sobriety tests, or statements made, may be excluded from the case. When evidence is excluded, the charges may be dismissed entirely.

Can I Be Legally Arrested Without A Valid Traffic Stop?

No, in order for an arrest to be legal, there must be a valid reason for the officer to stop and arrest you. If the officer does not have a legal reason for initiating the stop or making the arrest, it can be challenged in court.

Can An Officer Pull Me Over Without A Reason?

No, an officer must have reasonable suspicion or probable cause to pull you over. This could be based on a traffic violation, like speeding, or behavior that suggests criminal activity, such as swerving or erratic driving. If the officer does not have a valid reason, the stop could be considered unlawful.

What If The Officer Said They Smelled Alcohol Or Drugs, But I Was Not Drinking Or Using Drugs?

An officer may use the smell of alcohol or drugs as probable cause to search your vehicle or conduct further testing, but they must still have reasonable suspicion to stop you in the first place. If the initial stop was illegal or the officer’s observations were incorrect, you may have grounds to challenge the evidence gathered from the stop.

What Should I Do If I Believe My Traffic Stop Was Illegal?

If you believe your traffic stop was illegal, it’s crucial to remain calm and avoid making statements that could hurt your case. You should comply with officer demands and once it is possible, contact an experienced attorney who can help you challenge the stop and protect your rights right away

Can A Violation Of My Rights During A Traffic Stop Lead To My Case Being Dismissed?

Yes, if the court finds that your rights were violated during the traffic stop and that the evidence was unlawfully obtained, your case may be dismissed or result in a favorable outcome for you.

Call Our Galveston Criminal Defense Lawyer For A Free Consultation

If you are facing criminal charges related to an illegal traffic stop, it’s essential to protect your rights by challenging the evidence obtained during that stop. At Mark Diaz & Associates, we have the experience and dedication to challenge any illegal traffic stop in Galveston and throughout Houston. We will carefully review your case, identify any constitutional violations, and fight to have any unlawfully obtained evidence excluded.

Contact our Galveston criminal defense lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We proudly represent clients in Galveston and throughout Houston, Texas. Let us help you defend your case and protect your future.