Legal Question in Criminal Law in Texas

Police Wrong doing?
I was pulled over by PO for a no reason.I could not find my DL so I asked if I could give him my info. and he said fine.I gave my ins. to him and he ran a chk which came back fine.He then asked if I had any weapons in my car,I said no and he wanted to know if he could look for himself.I told him I did not think it was necess.I then asked if I was free to go?I was told in a minute and if I was sure he could not search my car.I told him That I did not think that was necess.and for what reason?My mom was driving in frt.of me & turned around to see what was wrong.She asked if I was ok and he told her yes but to go.I would be done shortly. Another PO then showed up & asked why I would not allow them search and I gave the same answer.I was told to get out of car I was arrested for no DL.I asked if I could get it out of my purse? I was told no that I had plenty of time to look before.So I was arrested,handcuffed,& srchd by the 2 PO.They did more then a pat down,I was felt off top to bottom.I am 43 yr old mother & have never been in any trouble.They did find a glass stk/bag in my purse.The DL chg.was dropped.Was this legal & can I be chged w/poss if the orig.chg for arrest was dropped.I feel violated.no PC for stop or search. No warrant.

Asked on 1/02/06, 10:08 am

2 Answers from Attorneys

TRACIE TIPPEN

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Re: Police Wrong doing?

You have a constitutional right to be free from unreasonable searches and seizures. You should contact an attorney to file a motion to suppress the evidence and if you believe the officers were patting you down in an inappropriate manner, you should file a complaint with the internal affairs division.

Answered on 1/03/06, 12:27 pm

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