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Traffic Stop Leads to The Arrest of 2 Local Men

Mockaitis Law Group LLC June 24, 2019

Very rarely do authorities in Oswego happen upon a crime as it is being committed. Rather, it may be in the course of a routine traffic stop or investigating an alleged disturbance that they find evidence supporting extensive criminal activity. This often prompts the question of what authority do police officers have to search a home or a vehicle when there has been no prior indication that any criminal actions were related to it. More specifically, people often wonder in what situations would an officer require a warrant to conduct a search.

Take the recent case of two local men who were recently arrested in Indiana. Their car was pulled over after it was observed having difficulty staying in its lane and being driven well under the speed limit. Upon stopping, one of the men fled from the car. Authorities later caught up with him and brought him back, at which time the other man (who had been asleep when the car was originally pulled over) was awake and alert (and brandishing a weapon). A subsequent search of the car revealed more weapons and drug paraphernalia. A third passenger in the car was also detained, only to be released a short while later.

In this case (and others like it), many might wonder why officers did not need a warrant to search the car. When one is displaying potentially criminal activity, that may be enough for law enforcement officers to have probable cause to search their vehicle or house without needing a warrant. Still, such freedom of searching should not be abused. If and when it is, one might want to work with an experienced defense attorney to see that it is addressed.