search & seizures on Traffic stops
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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 15 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.
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