QUESTION
Did cops have the right to search friend’s vehicle then charge me with stuff that wasn't mine if I was the passenger?
Asked on Feb 26th, 2013 on Criminal Law - Texas
More details to this question:
My bf was driving our friend’s car and made a silly improper turn. His license isn't valid and had a paraphernalia charge recently. I was in the passenger seat. I have an old warrant for a dumb speeding ticket. We had a friend in the back seat, I'm unaware of his priors if any. The officer got all of our names then called for dogs and more officers. I believe 3 different departments arrived. They made us get out, searched the men then put the dog on the car. We had just ate tacos too. Homeboy spilt in the back, if that at all matters for the K-9. Next thing I know I get pulled aside and asked about my drug using and that I'm being charged with possession for a mirror containing drugs that weren't even mine. A lot of people use this car. I denied it being mine. Then they proceeded to search my belongings...etc etc.
5 ANSWERS
John J. Carney
The police had probable cause if the dogs gave them a hit. You can be charged with constructive possession of any contraband in the vehicle but your lawyer may be able to show that you did not have knowledge of those drugs if you did not make any admissions. Don't hang out with criminals or you will get arrested with them.
Answered on Mar 04th, 2013 at 7:31 PM
The police had the right to search the car. From what you said, tour boyfriend was on probation for drugs and has a search condition on that probation. The police had the right to arrest you on your warrant. They can and will charge all the people in a car with possession if drugs they find drugs. The way an incident like this is handled is the District Attorney will review the police report and decide whom they will charge. If they charge all of you, it will be to get you to plea to a lesser charge or to roll over on your friends.
Answered on Mar 01st, 2013 at 8:24 PM
Michael J. Breczinski
They do not have a good case. Take it to trial.
Answered on Mar 01st, 2013 at 8:14 AM
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The Law Offices of Mark L. Smith
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No.
Answered on Feb 28th, 2013 at 9:13 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Hire a lawyer. Many dog sniffs are legal, although the question will be whether the detention was legal or not. Whether or not a possession charge will stand depends on many factors including where it was found, others' access to it, etc.
Answered on Feb 28th, 2013 at 8:57 PM