search & seizures on Traffic stops

Get Legal Help Today

 Secured with SHA-256 Encryption

search & seizures on Traffic stops

On video tape I, was stopped for speeding, broken tail lights. My passenger had warrant for nonpaid tickets. He was asked to get out of the car, he complied & closed the door. He was placed in handcuffs. Then another officer arrived & the 1st officer told the 2nd officer I had been stopped for suspicion of DWI.. The officer then leaned way in the window & found drugs my passenger had stashed on the door, which can’t be seen from outside vehicle. The officer then stepped back & asked for a consent to search my vehicle. I consented to, not knowing that the drugs were there. I was then arrested.

Asked on April 25, 2009 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were speeding and/or had a broken taillight it sure sounds like a valid stop was made, rather than a pretext stop.

You would have no basis for objecting to the arrest of the passenger.

Having consented to a search you would seem to have little grounds to object to the evidence they found.

This becomes a matter of getting a defense lawyer and reviewing all the facts in detail.

 

My senses is you'd want the lawyer working out a plea deal as unless you are a choir boy with a perfectly clean record and/or your passenger would say they were his and you knew nothing about them you'd have a major problem. Your lawyer could always try to convince a jury the drugs were not yours and there are issues creating reasonable doubt but I'd not be too optimistic.

 


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