QUESTION
Unlawful search of vehicle after a simple traffic stop.
Asked on Mar 13th, 2014 on Police Misconduct - Texas
More details to this question:
My husband was recently pulled over for an expired sticker. They didn't even ask him for his license or registration, and asked him to step out of the car, and conducted a thorough search of the car to the point of ruining paneling of the car. Later once they deemed the car clear did they ask him for his license. He didn't have one and they issued him a citation which proclaimed that there was NO search. Is there any way we can fight this in court?
1 ANSWER
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Without going through all the attendant legal issues, I would say the short answer is very likely no, there is nothing you can do about the search of the car. If the sticker was expired, then the citation is justified. If you get the sticker up to date within 10 days of the issuance date on the citation, you should be able to get the ticket dismissed when you get to court. I think all they charge is a small fee of maybe $25 or something, after dismissing the case.
Answered on Mar 13th, 2014 at 3:02 PM