How Georgia Traffic Stops Turn Into Drug Trafficking Charges

Many serious drug charges in Georgia begin with an event that is nowhere near as dramatic and exciting as an investigation by police. In fact, it has been noted that many arrests for drug trafficking often begin with a routine traffic stop by police for speeding or another violation. While the situation at first appears to be minor, it is possible for it to escalate quickly to an arrest for drug trafficking.

In this article, we’ll discuss how routine traffic stops can turn into criminal drug investigations in a heartbeat. 

The initial traffic stop 

In Georgia, police officers are permitted to stop a vehicle when they have reasonable suspicion that a traffic offense has occurred. This includes common offenses like speeding, failure to signal, or having an expired tag.

When the police stop the vehicle, the officer is then permitted to approach the driver and ask for identification, registration, and insurance. During the time when the police officer is talking to the driver, the officer is trained to observe the driver and others in the vehicle. This includes looking for possible indications of criminal activity, like nervous behavior, inconsistencies in the answers provided, or the smell of drugs.

Even though the initial reason for the traffic stop is minor, police officers often use these stops to look for other possible offenses.

Expanding the stop into a drug investigation

If a police officer suspects that there are drugs in the vehicle, a traffic stop can quickly turn into a larger investigation. For instance, a police officer may ask further questions about where the person is coming from or where they are going. Police officers tend to scrutinize answers that sound suspicious or inconsistent.

There may be instances where a police officer can ask for permission to search a vehicle. If the person agrees, the officer can legally search the vehicle without a warrant. Many people are unaware of their right to refuse such requests.

Another situation can arise if a police K-9 unit is brought to a traffic stop. Dogs can smell drugs and may be brought to a traffic stop if a police officer suspects there could be drugs in the vehicle. If a dog smells drugs, the police officer might have probable cause to search the vehicle.

When possession becomes trafficking

If drugs are found during the search, the type of charge often depends on the quantity discovered. Under Georgia law, drug trafficking charges are based largely on the amount of the substance involved.

For example, trafficking charges can apply when someone possesses certain threshold amounts of drugs like cocaine, meth, heroin, or marijuana. These charges carry significantly harsher penalties than simple possession, including mandatory minimum prison sentences and substantial fines.

Importantly, trafficking charges do not necessarily require proof that someone intended to sell drugs. Simply possessing a large enough quantity can trigger trafficking charges under Georgia law.

Talk to a Smyrna, GA, Drug Possession Lawyer Today

Drug cases emerging from traffic stops raise important constitutional issues. Law enforcement must follow specific rules when stopping vehicles, detaining drivers, or searching cars. An experienced Cobb County drug crimes lawyer can help get the charges reduced or tossed completely. Call Andrew L. Schwartz, P.C., to learn more.