Legal Question in Constitutional Law in Texas

Illegal Search and Trust

Last year I was traveling from the east coast to California when I was stopped in West Texas for ''crossing a white line''. The officer eventually gave me a *warning* but asked to search my vehicle, which was full of my personal belongings.

After about ten minutes, the officer found some marijuana. I have a medical prescription; I am sixty-years old and am totally and permanently disabled by law because of injuries received in the military

I was arrested and taken to police headquarters where my vehicle was inventoried in front of me. I was asked about firearms and drugs

Before I knew what was happening, an officer had openened my laptop computer, and he had attached a device to it to enable him to see any images.

I had some pictures of nude people, including children - but no sexual activity. I have been a ''naturist'' all my life; also, I have a doctorate in the social sciences and do regular research into social and political anthropology - including religious/sexual imagery and symbolism.

I have a California lawyer. He told me that the search was legal, but I read fourthamendment.com regularly, and I can find nothing that would allow the police to search my computer without a warrant.

Thanks for any advice


Asked on 7/29/06, 1:01 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Illegal Search and Trust

I agree with Mr. Stone as to the search of the car, but I don't think permission to search your car implies permission to look at what's on your laptop. Depending upon the circumstances, though, the officer may have been within his rights to do so even without your permission. I would need more information before I could say whether he acted improperly.

In the meantime, you need a Texas lawyer do deal with these potentially serious charges. Even if there is an innocent explanation for the images, if your case is not handled correctly you may never have a chance to present that explanation to a jury.

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Answered on 7/29/06, 5:07 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Illegal Search and Trust

Well, did you agree to let him search your vehicle? If so, the search was legal.

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Answered on 7/29/06, 2:23 pm


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