Vehicle contraband searches are constantly on police officer’s minds, says Fairfax criminal lawyer

Vehicle contraband searches are viewed by plenty of police as being almost as worthwhile as bear waiting to eat spawning salmon swimming upstream. As a Fairfax criminal lawyer, I know that the reason that police so often do not issue traffic infraction citations for people they stop for minor violations (often instead issuing a verbal or written warning) is that their overarching reason for many such stops is to find evidence of such jailable offenses as Virginia DUI violations, and possession of illegal drugs and other contraband. Unfortunately, this risks racial profiling for such law enforcement officer (LEO) fishing trips, and, in response, the talk that so many young black males’ parents have with them about how to deal with police stops. The Supreme Court allows that, and, fortunately, newish passed Virginia legislation bars traffic stops for such minor secondary violations as dark window tinting, a burnt taillight, and a dangling item from one’s rearview mirror. Nonetheless, since most people exceed the speed limit — and many do not make complete stops at stop signs, nor signal when changing lanes — a police traffic fishing trip can involve simply following you long enough until you commit an alleged traffic violation or arrive at your destination (unless, of course, your destination is outside of the police officer’s jurisdiction).

What happens if I drive with a suspended driver’s license while carrying contraband?

Perhaps it is because criminal defense lawyers are not permitted to conduct seminars for how to avoid being detected committing crimes, that so many people committing alleged criminal offenses (for instance Virginia DUI offenses, drug offenses, and more) are so careless, including leaving contraband in plain view, speeding well above the speed limit, and driving with a suspended driver’s license. The Supreme Court allows police to stop a vehicle owned by a person with a suspended license — at least if they do not have restricted driving privileges attached thereto — even without first knowing whether the driver is the car’s owner. Jamal Timothy Williams drove while suspended — reportedly as a result of a DUI conviction — and was swerving. That made his car easy pickings for police to stop him, with his car filled with marijuana and Xanax. Williams v. Commonwealth of Virginia, Record No. 0238-22-2 (Va. App., June 20, 2023) (unpublished).

Do police have to obtain a search warrant before searching my vehicle or my clothing?

One reason police love searching your vehicle is that its engine and wheels have led the Supreme Court to generally not require a search warrant for searching a car, rather than seeking owner consent, having probable cause to search, or lawfully engaging in a pre-impound inventory search. Once police stopped Jamal Williams’s car for the records check showing its owner (Williams) having a suspended driver’s license, he was a sitting duck for arrest and prosecution for all the marijuana and Xanax that police found in his car, started due to the marijuana odor in his car (where only after the stop of his car did Virginia law invalidate searches merely for marijuana odor) and also for inventorying the car’s contents, because Virginia law permits the impounding and towing of a car driven by a person with a suspended driver’s license.

Can I win a drug prosecution even if I am driving a car with a high quantity of drugs?

When you are a Virginia criminal defendant — whether for a vehicle stop and search or otherwise — you have no choice but to fight, fight, fight and never to throw in the towel, even if strong evidence of the commission of a crime surrounds you. If I could obtain a jury acquittal for eight pounds of marijuana in my client’s car’s back seat (I did), that is enough reason for you to fight your case, starting with timely obtaining a great lawyer for your defense, and working closely with your attorney in pursuing your best possible court outcome.

Fairfax criminal lawyer Jonathan Katz has the energetic oomph to pursue your best defense against Virginia DUI, misdemeanor and felony prosecutions, because he knows he is on the side of the angels in defending you, and because he believes strongly in the criminal defense role. Get your free in-person confidential consultation with Jon Katz about your court-pending case, by calling 703-383-1100.