Henderson, TX asked in Criminal Law for Texas

Q: If i have been arrested on a drug charge in the past and recently been stopped for a basic traffic stop

does my previous

Charge give the officer probable cause to search my vechicle this time

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

A: Police may search a vehicle if there is probable cause to believe that the car contains evidence of criminal activity, exigent circumstances, or contraband in plain view, but cannot simply search your vehicle because you have a past drug charge. For example, if a car interior smells like marijuana, the police can search the vehicle. Under this exception, the police can search the car trunk or containers where contraband could be found. Another exception is search incident to arrest. For example, if you have a warrant for your arrest, incident to arrest, the officer. The officer may search the suspect, the area within the suspect’s immediate control or reach, and containers within the control or reach of the suspect. If while performing a search incident to arrest an officer finds evidence of another offense, it may justify an additional or more thorough search. You should hire a criminal defense attorney to determine if the evidence can be suppressed.

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