Legal Question in Criminal Law in Texas
Can some on get pulled over and asked to set out the car did the pat down and then came back after searching the car and finding nothin went in side his under wear looking for drugs
Asked on 12/15/12, 4:43 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
If someone is stopped and the officer has cause for concern for his safety, the officer can conduct a pat down. The officer can only search the car if he has probable case (i.e. smells marijuana) or has permission or is arresting the driver.
Hire a lawyer to review this search as it may be outside the bounds of a legal "Terry" search.
Answered on 12/22/12, 3:37 pm
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