Dumas, TX asked in Criminal Law and Constitutional Law for Texas

Q: Can drving one block before stopping when an officer is pulling you over be considered eluding?

Is that grounds for probable cause to search and during an unconsented search can they snap their fingers and get the dog to jump inside the car thru the window?

1 Lawyer Answer
Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the evidence and facts and circumstances of your case to determine the best course of action. Generally, the police must obtain a warrant to search your vehicle. However, there are exceptions where the police may search your vehicle without a warrant (i.e., vehicle exception,” consent, plain view, and search incident to arrest). You will need to hire a criminal defense attorney to review the evidence and facts and circumstances of your case to determine if the warrantless search was valid.

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