Dallas, TX asked in Criminal Law, Cannabis & Marijuana Law and Municipal Law for Texas

Q: my son was a passenger i a car that was stopped by frisco pd they asked them if they had anything in the car they said

they said no the cop said he sees and nugget of weed and that since they lied they nhad to search the car that was in the drivers sister name with insurance they driver is leagal to drive they search the car finds a glock 19 and some marijuana upon release they tell my son that his phones have been seized and a number for a detective first question is did they have probible cause and my second question does it mean he is under investigation thats whhy they took the phones?

2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If contraband is in plain view of an officer, then that officer has probable cause to b perform a search. I cannot comment on why the officer seized cell phones. Your son should meet with a lawyer; I can't comment on the relationship you have with your son, but in my experience, what he tells you about the incident MAY be different than the officer's version. Good luck.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: I agree with attorney St. Julian and would add that it would be wise to hire a good local criminal defense attorney. There should be DashCam video that may show the reason for the initial stop and BodyCam video that recorded the verbal interaction and the search. Unfortunately, you can't count on cheap or court-appointed attorneys to actually review all the evidence and a good attorney will not be cheap.

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