If after being arrested for paraphernalia the police told me that they searched my wallet later on at the jail and then found weed, is this legal?

Get Legal Help Today

 Secured with SHA-256 Encryption

If after being arrested for paraphernalia the police told me that they searched my wallet later on at the jail and then found weed, is this legal?

Also, they said that because I had a knife in my door panel, that they were adding a prohibited weapons charge.

Asked on June 13, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As part of their routine jail bookin, the police are actually required to inspect and inventory all of your belongings.... which would include your wallet.  If they only charged you with drug paraphernalia, then you are in a lighter jurisdiction.  Tougher jurisdictions would file a third degree felony charge on you for having a prohibited substance in a correctional facility.  With regard to your knife search....  Similar the inventory of personal effects, the police can conduct inventory search of any vehicle they are impounding pursuant to an agency policy.  So, if your truck was going to be impounded after the traffic stop and they have an inventory policy, then yes they could look all through your car.  They could also look through and search your car if they developed probable cause while on the side of the road.  One of the most common basis for car searches is the officer smelling or detecting the odor of marijuana-- once they smell it, they can search for it.  If they didn't have probable cause and they don't have an inventory policy, then there is a good chance the search was not legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption