Legal Question in Criminal Law in Texas
Probable cause
17 yo boy (A) gets call from friend (B) to get a ride home and says will meet him in parking lot of an apartment complex. Boy A pulls into parking lot with a number of police cars visible. Stops and talks on cell phone while waiting for B to come out to the car for the ride. Cops come to car and yell to turn off car and get out. B turns off car and gets out and is immediately placed under arrest. No miranda at any time. Then officer searches veh and finds his girlfriends prescriptions (antibiotics and painkiller for her teeth) that she left in his car after purchasing them the day before. He was taking them to her using his 79 yo grandfather's car. Then they find rubber hose (solid) like billy club under seat that B had no knowledge of. Charged with dangerous drug and UCW. How did they have right to arrest in first place. What criminal would sit in same parking lot with cops? Common sense tells me they wouldn't pull in if the cops were there if they had any reason to worry. No probably cause for removal from car and placed under arrest, then no cause for search? Is this arrest justified?
1 Answer from Attorneys
Re: Probable cause
It has nothing to do with what a criminal would do or not do. It has all to do with what the officers wrote in their reports. Boy B needs to hire an attorney to get started on his case, because it appears that he has several legitimate defenses even though he has been arrested.
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