How to Fight a Cocaine Possession Charge Based on Illegal Traffic Stops

Getting stopped by the police can be scary. It can be even worse if they search your car and find something illegal like cocaine. But not all traffic stops are done the right way. Sometimes, police officers make mistakes or break the law when they pull someone over. If you were stopped by police and charged with cocaine possession, and you think the stop was not legal, there may be a way to fight your case. This page explains how.

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Understanding What Makes a Traffic Stop Legal

Police officers cannot pull someone over just because they feel like it. They need a good reason to stop your car. This reason is called reasonable suspicion. That means the officer must believe you did something wrong, like speeding or running a red light. If the officer did not have a real reason, then the stop might be illegal. If the traffic stop was illegal, then any evidence found during that stop, like drugs, may not be allowed in court. This is called the exclusionary rule. If the court decides the stop was not legal, it could throw out the evidence. That means your cocaine charge might get dropped.

Signs That a Traffic Stop Was Not Done Properly

There are many ways a traffic stop could be wrong. If the officer stopped you for no reason, or just because you looked suspicious, that could be a problem. If they searched your car without a warrant or your permission and didn’t have a good reason to do it, that could be another issue. Sometimes, police try to stretch small traffic violations into reasons to search a car. For example, they might pull you over for a broken taillight, then ask to search your car. But unless they have a real reason to think there are drugs inside, they cannot just search it without your okay or a warrant.

How to Prove the Stop Was Illegal

To show the court the stop was not legal, your lawyer will look at every detail. They might check police body camera footage or dashcam video. They will also look at the police report and ask the officer questions in court. The goal is to find out if the officer had a valid reason to pull you over.

The Zendeh Del & Associates, PLLC Team

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Legal Assistant Zaira Banda

Zaira Banda

Legal Assistant

Legal Assistant Colleen Herndon

Colleen Herndon

Legal Assistant

If there is no strong reason, your lawyer can file something called a motion to suppress. This is a request to keep the court from using the cocaine as evidence. If the judge agrees, then the case might fall apart because there is no longer any proof of a crime.

Why Time Matters in These Cases

If you are facing a cocaine possession charge after a traffic stop, it is important to act fast. The longer you wait, the harder it can be to get video footage or witness statements. Police departments may erase videos after a short time. If your lawyer gets involved quickly, they can demand that this evidence is saved. Also, your lawyer needs time to review everything and build your case. They might hire investigators or file papers with the court. All of this takes time, and courts have strict deadlines. Waiting too long can make it harder to win.

How the Fourth Amendment Helps You

The Fourth Amendment is part of the U.S. Constitution. It protects people from illegal searches and seizures. That means police cannot stop you or search your stuff without a good reason. If they break this rule, the evidence they find may not be used against you. Texas courts take the Fourth Amendment seriously. Judges often throw out drug cases when police make unlawful stops. But the only way to use this protection is to bring it up in court. That’s where having a lawyer who knows the law really matters.

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These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.

— Jennifer S.

Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.

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Common Mistakes Police Make in Traffic Stops

Officers sometimes make honest mistakes, but those mistakes can still make a stop illegal. They might think they saw you commit a traffic offense when you didn’t. They might stop your car because of a tip from someone else without checking if the tip was reliable. Or they might hold you at the scene for too long while they wait for a drug dog without any proof of wrongdoing. If any of these things happened in your case, your lawyer can raise them in court. The judge will look at what the officer knew at the time of the stop, not what they found later. If the reason for the stop was not strong enough, then the whole case can fall apart.

The Role of Consent in Searches

Sometimes police ask, “Can I search your car?” If you say yes, then they do not need a warrant. But if you say no, they must have a strong legal reason or get a judge’s permission. If you did not agree to the search and the officer did not have the right to search, the evidence they found may be thrown out. Also, you have the right to stay silent. You do not have to answer questions about where you’re going or what’s in the car. Being polite and calm helps, but you do not have to give up your rights. If the officer pressures you to give permission, that can also be used to argue the search was not fair.

Case Results

$11,820,000

WARN ACT
SETTLEMENT

Reached a settlement of $11,820,000

$11,820,000

WARN ACT CASE
SETTLEMENT

Employees fired when not given proper notice

Not Guilty

DRUG JURY TRIAL

Client was a dentist caught with 12 grams of methamphetamine. 

Case Dismissed

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party.

$2,500,000

CAR ACCIDENT

Confidential settlement of $2,500,000

$4,500,000

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party

Not Guilty

DWI JURY TRIAL

Client was asleep on the side of the road with the car on. Breath was .248

Case Dismissed

STATE OF TEXAS v. C.S.

Wrecked motorcycle while leaving the beach, an officer witnessed the accident and assumed he was intoxicated

Building a Strong Defense With the Right Strategy

Every case is different, but a strong defense often starts with showing the traffic stop was illegal. Your lawyer will gather all the facts and use them to protect your rights. They might also look into whether the drugs really belonged to you, or if someone else left them in your car. Sometimes there are other defenses, too. If the drugs were not tested properly, or the lab made a mistake, that could help your case. If the officer forgot to read your rights or made errors in their report, that can also be used to fight the charge.

Why It’s Important to Stay Calm and Get Help

If you are charged with cocaine possession, do not try to fight the case on your own. These cases are serious and can lead to jail time, a criminal record, and other problems like losing your job or license. But there is hope, especially if the stop was not done the right way. Stay calm, do not talk to the police without a lawyer, and do not post about the case on social media. Everything you say can be used against you. The best thing you can do is find legal help right away.

What You Can Do Next

If you or someone you care about is facing a cocaine possession charge from a traffic stop, you need someone on your side. The law is clear. If the stop was not legal, the evidence should not be used in court. That could mean your case gets dismissed or reduced. The team at Zendeh Del & Associates PLLC knows how to handle these types of cases in Texas. We look at every detail and fight hard to protect your rights. If you believe the traffic stop that led to your charge was illegal, contact our office now. Let’s talk about what happened and make a plan to defend your case the right way.

To learn more about this subject click here: Texas Cocaine Possession Charges Understanding Your Legal Options