Legal Question in Constitutional Law in Texas

The other weekend, sherriffs pulled over 900 vehicles for traffic? violations.

There goal was to seach for drugs.

They used the standard tactic of asking whether a motorist was caring anything they should not be carrying. If the answer was no, they politely ask, then may I seach your car.

Of course, if you refuse, they emply then there will be a delay while they bring in the scent dogs. 99% give in to the request.

Can you ask an officer to "demonstate probable cause"?

Can you film them on your camera phone asking and giving the answer?

Can you ask them to write down the probable cause?


Asked on 4/20/12, 11:01 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You can ask whatever you want but you are going to piss them off (as if anyone cares - except you don't want to be beaten . . . )

You can film what you want until they tell you stop (which you don't have to do but see answer to question 1.) The better thing to do is to record it on your phone without them knowing. They lie when they don't know they are recorded.

You can ask them to write down whatever but it ain't happenin' - ya know? There is no way.

Now, you can refuse and they cannot delay for the dog unless they have probable cause. Of course, they lie and say that they "smelled the odor of marijuana" and that the driver and / or passenger(s) were "acting nervous" or making "furtive gestures".

My position would be to say, "No, I am not carrying anything illegal." "No you may not search my car." "I am obviously under arrest because I am not being allowed to leave" (to which they will say you can leave but your car cannot, to which I would respond "But I don't care to leave my car to be torn up and things stolen or planted in it because you or one of the other officers is unhappy that I will not simply allow you to stop all over my Constitutional rights that men and women die for every day.") Of course, you may get that beating that I mentioned before but you will be recording it on your phone . . . .

I like spunky people who stand up for themselves and their rights (especially when they are doing nothing illegal and are being harassed for no reason.)

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Answered on 4/20/12, 8:20 pm


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