Legal Question in Criminal Law in Texas

probable cause

Does being pulled over and having drugs found in the vehicle and then charged with possession of a controlled substance gives grounds of probable cause to issue a search warrant of house and curtilage?


Asked on 1/13/01, 4:04 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: probable cause

Probably. It depends upon the quantity of the drug, the type of drug, and the manner of packaging as it was seized from the car.

If it was meth, crack, powder coke or similar and bindled in individual packs, then that would provide reasonable suspicion that a dealer had been apprehended and provide probable cause for a further search of the house.

Likewise, if notes, journals, notebooks, scales, packaging materials, lists, customer lists, etc. were found indicating dealing, the same would apply.

If, however, a 1/4 oz of marijuana was found and a pipe, without more, it would likely not provide reasonable suspicion that a dealer had been apprended nor probable cause to search his house.

It also depends upon whether on is in state or federal court - federal court provides greater protections in Tx than the state courts.

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Answered on 1/30/01, 11:49 am


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