Legal Question in Constitutional Law in Texas

Would if i got pulled over because it was a ''Free Country''

I got arrested for driving with license suspended which is the 3rd time, possesion of controlled substance, which was under a gram of ice.and an ounce of marijuana. I was driving a road east of a busy road at night, he followed me for about 10 blocks then we pulled on to a gas stop. He never turned on his lights, but walked up to me and I asked him if there was a problem, he said he just wanted to talk to me. I asked him why, because those 10 blocks he followed me I made no illegal infractions, and his response was that it was a ''Free Country'' It seemed like he was trying to work in a way to ''kicking up som dust'' to see what he can get out of it. Ran my name, no license, then possesion, there were two bags of weed, one bag of ice, but when they told me they found it, they didnt notify me of it specifically. I thought they had got all of it. I hope they got it on camera because since he didnt turn his lights on like a normal traffic stop, that they camera wasnt turned on and didnt record the wrong actions that he did. This is just a quick question to see what I can do about it right now, but I have more iformation after that happened to that might help me. Just want to know the basics of what I can do about this though. Thanks.


Asked on 5/07/07, 3:39 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Would if i got pulled over because it was a ''Free Country''

If I understand you correctly, you weren't pulled over at all. Instead, you stopped for your own reasons. This distinction matters because the Fourth Amendment's protection from unreasonable seizures never kicks in if you aren't seized in the first place. Stopping for gas isn't a seizure, and doesn't become one just because a police car was following the one that stopped.

The officer was probably within his rights to ask you your name. When he found that you were driving without a licence, he had the right to arrest you. Searching a car incidentally to the arrest of its driver is usually permitted, though I would need to know more details before I could say whether it was proper here.

The best thing you can do is to get a lawyer. If you can't afford to hire one, the court will appoint a lawyer for you. In the meantime, do not discuss your case with the police or the prosecutor. As they say on TV, if you do then anything you say can and will be used against you.

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Answered on 5/08/07, 7:36 pm


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