When is a traffic stop search and seizure illegal?

On Behalf of | Jun 2, 2019 | Types Of Asset Forfeiture

Law enforcement officials in Alabama see the prevention and prosecution of drugged driving as a priority. Drugged driving can put innocent people on the road in danger. However, law enforcement officials are arguably incentivized to initiate traffic stops and seize property, because any seized property can be used to fund the police force.

If you were involved in a search and seizure when stopped by law enforcement officials in Alabama, you may wonder whether this was legal. If you had assets such as cash taken from your car as a result, it’s likely that you believe the behavior of the police was unjust. You should make sure that you understand how the law works and your rights to take action so that you can take the appropriate action going forward.

Law enforcement officials should have reasonable suspicion

If law enforcement officials have a reasonable suspicion that you are armed during a traffic stop, they generally have the right to search and frisk you. The police have the right to frisk you in order to search for weapons or other incriminating materials such as drugs.

The police have the right to search the passenger compartment of your car only under certain situations. This can be done if the person arrested is within reaching distance of the car at the time of the arrest. Alternatively, the car can be searched if it is reasonable to believe that evidence relating to the cause of the arrest exists within the car.

If you believe that your car was illegally searched and assets were unlawfully seized by law enforcement, it is important to take action and get justice.