Legal Question in Criminal Law in Texas
Illegal search and seizure
I was pulled over for failure to display registration properly and not signaling the turn (no other vehicles were on the road to even see the signal). I provided my DL and insurance and one cop asked if his partner could search,, I said no. The officer then said I had a warrant for my arrest, asked me to exit the vehicle, move to the rear of the vehicle place my hands on the back and proceeded to search my person, then handcuffed me and told me to sit on the curb. The other officer then began to search my vehicle and they found a controlled substance. I think they searched the car because of the ''arrest warrant'', the problem is that I did not have an arrest warrant. When I was in the back of the police car, I saw they had pulled up a name on their screen that was not me but similar. For instance, the vehicle was registered to my mom and she has a different last name. ie Sherry Baker, my name is Doug Jones, the name on the police screen was Doug Baker. The police had my DL with the correct name and I had no warrants. Would this be an illegal search and seizure under the ''false warrant'' the officer said the area was a ''high crime'' area
1 Answer from Attorneys
Re: Illegal search and seizure
Assuming all the facts to be correct, you have a good case to have the contraband thrown out based on an illegal search. You will need to hire an attorney who can help you with this.
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