If the office can’t show proof for reason to pull someone over, and drugs are found can it be thrown out on a technicality

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If the office can’t show proof for reason to pull someone over, and drugs are found can it be thrown out on a technicality

My husband was the passenger in a vehicle that was
pulled over supposedly they were swerving and they
found illegal drugs in the vehicle on a person is that
still submissible in court or is it thrown out because
they have no proof that driver was swerving

Asked on December 13, 2016 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They have proof: the officer's testimony. There is no requirement for hard, photographic, documentary, etc. evidence (though obviously, it's helpful if you have it): witness, including officer testimony, can be enough if its credible. And the courts overwhelmingly believe officers: they are trained; they are neutral (i.e. they don't have a personal stake in the outcome); they are sworn to uphold the law; etc. The officer's testimony as to "swerving" is almost certainly enough.


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