QUESTION

Did the officer have the right to search my vehicle if there was nothing illegal in sight?

Asked on Aug 06th, 2012 on Criminal Law - Texas
More details to this question:
I was stop for a traffic violation, left tail light out. I provided my TX CDL Lic., had valid registration and insurance. Officer check TX Lic. on NCIC, TX Lic. valid, but NCIC reported the NM CDL lic was suspended. I had surrended the NM lic. to TX in 2010 approx. in April. Officer issued citation and entered the NM Dr. Lic. number not my current Texas license number. This happen in April 2011. Do not know why Officer asked me to step out of the vehicle, nothing on criminal report nor citation, but I did as I was ask. Officer then asked the passenger behind the driver seat to step out no explanation on criminal complaint, of why Officer requested passenger to step out. Officer wrote on report he search the passenger for weapons, nothing on complaint. Officer wrote he notice a sunglass case on the vehicle floor. Officer then failed to put on his criminal complaint that he called for back up because he was on a warrant stop regarding the driver. Driver was checked on NCIC by officer which only revealed suspended NM Dr. Lic., there was no warrant on the driver. Officer then open the vehicle door and open the closed sun glass case, in the sub glass case the passenger had drugs, pipe, drug paraph., NOTHING WAS OUT IN THE OPEN OR IN SIGHT. Officer then searched the vehicle and passengers. I obtained the back up Officer supplemental report where he stated he assisted the Officer because he was informed that he was on a Warrant stop, the driver had NO WARRANTS PER NCIC. The Officer also wrote that all drugs, paraphenilia. were located on the passengers and passengers area. Nothing on the driver. The other 3 passengers were given Nolle Pros. and charges were dropped. I was charged with 6 felony charges for possession with intent to distribute, intent to trafficking, conspiracy to distribute, trafficking, possession of a control substance, conspiracy 4th degree felony, control substance violation of Sechedule 1,2,3, trafficking control substance 1st offenseMy question
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1 ANSWER

Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
3 Awards
Search and seizure is very fact specific and you need to see what the offer is going to say happened. Hire a good drug trial attorney and fight it with everything you got.
Answered on Aug 23rd, 2012 at 11:53 AM

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