According to New York State Police, two residents of Plattsburgh were taken into custody for alleged drug possession following a traffic stop. They are facing drug charges after heroin and other drugs were reportedly discovered in the vehicle. Police pulled their vehicle over in Peru on Interstate 87 for speeding.
During the stop, police discovered that the driver reportedly had 53 bags of heroin in his possession. The female passenger allegedly had a small amount of marijuana and 8 milligrams of Suboxone in her possession. The driver was charged with criminal possession of a controlled substance and taken into police custody. He was remanded to a local jail in lieu of either a $20,000 bond or $10,000 cash bail after his arraignment at the Town of Peru Court. The passenger was charged with unlawful possession of marijuana and seventh-degree criminal possession of a controlled substance. She was taken into police custody and will return to court after being issued an appearance ticket.
Police officers face legal restrictions regarding the search of a person’s vehicle during a traffic stop. If police violate a defendant’s rights by searching his or her property without reasonable suspicion, any evidence collected may be found inadmissible in court. This could result in the dismissal of a drug case. A criminal defense lawyer could review the case with a defendant to determine whether a search and seizure was legal.
If the evidence is sound and deemed admissible, there are other defense options that a lawyer may suggest. For example, some drug courts feature a collaborative approach to drug treatment. Defendants must choose to enter a court-supervised program voluntarily. The program may involve coordination between treatment providers, prosecutors and defense lawyers.
Source:Nycourts.gov, ‘Drug Treatment Courts”
Source: WPTZ, “Two charged with possession following traffic stop“, July 11, 2014