Legal Question in Criminal Law in Texas

Drugs on Outside of Vehicle

A friend of mine, driving my car, was stopped and searched after leaving a bar. The police performed a search of the his person, the person of the other occupant of the vehicle, and found nothing on them. They performed a search of the interior and exterior of the vehicle. They found no drugs and no paraphenalia in the vehicle. They did find a significant amount of cocaine in an unsealed plastic bag by the windshield wipers. They arrested my friend for possession and let the other occupant go. My friend has no record and is not involved in drugs in any way. The stuff found was not his and he has no clue as to how it got there. Our best guess is, because the police routinely and often use the parking lot at this bar as a turnaround while patroling the relatively small community, that someone ridded themselves of the drugs upon seeing the police move through the lot with the hopes of retrieving them later. Question; 1) is there a precedence that specifically delineats the burden of proof in such a situation, and 2) definition of extent of driver's control of the windshield/hood area of a vehicle while parked in an unrestricted and unlighted parking lot used by patrons of serveral businesses?


Asked on 12/04/01, 8:23 pm

2 Answers from Attorneys
David Sergi Sergi and Associates PLLC

Re: Drugs on Outside of Vehicle

THe key question that you guys have is to give a jury a rational explanation of why the drugs dont belong to your freind (or you). I would hire a good local lawyer and have the bag run for prints, if your freinds prints are not on the bag then you have a better arguement that the bag belonged to some one else. THe other issues that your freind might raise is the propriety of the search.

If you are in the Austin/ San Antonio Area please call me at 512 392 5010.

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Answered on 12/08/01, 9:32 am
Wes Ball Wes Ball Law

Re: Drugs on Outside of Vehicle

In a possession case, the State must prove that the individual knowingly possessed the contraband. Possession is defined in the Texas Penal Code as having care, custody, control or management over the item. In your example, the key question is whether the individual exercised control over the item, knowing it was there. The bag can be checked for fingerprints. Also, the person can take a polygraph which, if passed, might cause a prosecutor to decline charges or dismiss charges if already filed. A polygraph should only be taken through an attorney so that the results are protected by the attorney-client privilege.

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Answered on 12/10/01, 5:38 am


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