Dallas, TX asked in Traffic Tickets, Criminal Law and Civil Rights for Texas

Q: I was stopped for a headlight, get arressted for no drivers liscene, thet are releasing the truck to my dad who is not

Present, i refused consent to search i go to jail, cops wait on my dad when he gets there tell him they believe there is narcotics in the truck if he gets in the truck he can be charged can they search dad said yes ,the get between the seats in a sunglass case closed find meth and charged me is this legal search

1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: I'm sorry for your troubles. Be sure to explain the reason the police stopped you in the first place to your lawyer, that may be the best place to start. Once a person is arrested the police can have your vehicle towed and perform an inventory search but that does not mean they met the requirements allowing a detention and search.

The threat to charge your dad was dastardly but the police are allowed to lie. Moreover they could still charge him, does not mean they could get a conviction. A person must knowingly "intentionally" possess the substance to be convicted. He had no reason to know anything was in the vehicle so I doubt the DA would want to try to make that stick. Good luck on your case.

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