Dallas, TX asked in Criminal Law for Texas

Q: Someone called in and said that there was a blonde female in the car doing drugs

Nobody was doing drugs there is only a female asleep and she was not blond the police found a needle in the vehicle that was used but the female was nowhere near the needle where they found it in the the vehicle was not hers can they charge her with possession

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

A: You can be charged with any offense that an officer believes you committed but you can only be convicted if the prosecutor can prove every element of the offense beyond a reasonable doubt.

The cops have a "community caretaking" role that is separate from their law enforcement role. Looking after people who are passed out in a vehicle falls is a caretaking activity so they don't necessarily need the same type of suspicion to investigate. However, that doesn't necessarily mean they should go searching for contraband that is not visible in plain sight. Her criminal defense attorney will need to review the BodyCam video to determine whether the officer acted lawfully when finding the needle. If there is cause to believe the officer's behavior was unlawful then the attorney will ask the court to suppress the evidence (needle) so that the prosecutor can't use it at trial.

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