Legal Question in Constitutional Law in Texas

If my sister and I were parked next to a public playground at 8:30 p.m., did a cop have the right to walk up to my window when we didn't appear to be doing anything wrong? We had marijuana in the car, but we weren't using it at the time and it was out of sight, but as soon as I opened my window to talk to the officer he could smell it.


Asked on 11/29/11, 5:43 pm

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

Yes. The officer did not detain you until after he smelled the marijuana. All he did was approach and try to speak with you. There is no rule that says police must have reasonable suspicion in order to strike up a conversation. Such a rule would serve no valid purpose and would undermine officers' ability to do their jobs.

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Answered on 11/30/11, 12:42 pm


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