Legal Question in Criminal Law in Texas

My boyfriend and i were stopped by the police. They said they pulled us over for going 6 in. Over the white line at the red light. It was 11:30 at night and he was behind us. Now we both know that's not possible. Anyway my bf gave him his dl and he didnt even run it and told him to get out of the car. They then started telling me to get out of the car putting me under arrest for a warrant I had already paid and tried ti show them the receipt. They wld not let me show them. They told my bf that he had a warrant as well for a del charge of 4 -200g in another county. He had no idea what they were talking abt but still took him to jail. They They then searched the vehicle after I told them no it was my moms and to call her or my attorney first. They didn't. And searched it Any how without us Ppresent. is that illegal? Then we find out after 6 wks in jail that the charge they originally said he had wad actually a bogus charge they made up so they cld search our vehicle. Which they found


Asked on 6/19/11, 4:32 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

First, going over the white line at an intersection is illegal. It is one of those kind of allegations that police make up when they want to stop someone than cannot be disproven. How did the officer know that you had a warrant in the first place? Had he checked your ID, too? Did he run it? Before he can arrest you for an open warrant, he has to call the agency that issued the warrant to confirm that it is still a good warrant. Did you bf have a warrant or not? If not, then they had no right to take him to jail.

As far as searching the car, IF they had the legal right to take you both to jail, then they had the right to search the car incident to the arrest if for no other reason than for inventory. They did not need permission. They did not have to do it in your presence, either.

How could you do 6 weeks in jail if there were no charges against you? There had to be a charge against you in order to hold you. (Or, was the only charge holding you whatever was found in the car during the inventory search?)

If you are charged with an offense, then you need to hire a lawyer. The lawyer will have to research to see the authenticity of the alleged warrants against you, as well as do some discovery on the truth about the situation. Hopefully it is not too late but your lawyer can get MDTs (mobile data transmission - discussions between the officers) and possibly the communications the officers had with dispatch about what they were doing - like the basis of the stop, etc.

Something brought you and your bf to the attention of the officers. You need to think about what it was. Did they have a snitch? If so, perhaps the lawyer can get info on the snitch (although it would be very difficult because the snitch was not involved in the actual offense - at the time of the stop.)

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Answered on 6/19/11, 4:49 pm


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