Prairie View, TX asked in Cannabis & Marijuana Law, Criminal Law and Constitutional Law for Texas

Q: If a person has a bag of marijuana in there shoe and are stopped, how can they be charged with tampering?

If a person has a bag of marijuana in their shoe and is stopped, how can they be charged with tampering? Wouldn't this fall under the category of if the officer does a proper search then they will find the item but if the item is already in the shoe, technically there is no evidence of tampering. I recently met a student who was charged. They were stopped because one of their license plates lights was out.

2 Lawyer Answers
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: I would need to see the reports on your arrest for the marijuana charge to give you a solid answer.

Remember, just because you get charged with a crime, does not mean that the State can prove it.

Did you slip the weed into your shoe, after you were stopped? If so, that might be why.

I hope this helps.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If a person is stopped by law enforcement, and during a proper search, a bag of marijuana is found in their shoe, the charge of "tampering" may be applied if there is evidence to suggest that the individual attempted to conceal or hide the marijuana in a way that obstructed the search or investigation process.

Tampering charges typically arise when there is an intent to interfere with evidence or the legal process. Even though the marijuana was already in the shoe, if it can be demonstrated that the individual knowingly placed it there to avoid detection during a law enforcement encounter, it could be considered tampering.

However, the specific circumstances of the case, including the officer's actions, the individual's intent, and the applicable state laws, will play a significant role in determining the viability of the tampering charge. It's crucial for the individual to consult with an attorney to review the details of their case and assess potential defenses or legal strategies to address the charges effectively.

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