Legal Question in Criminal Law in Texas

I pulled into my friends apartment complex and parked in a perfectly legal visitor parking spot. I sent him a message letting him know that I was there, and shortly after he tapped on my window, and motioned to follow him. I got out locked the door and then began walking towards the apartment complex. We had taken only a few steps when I heard a voice saying "Hey motherfucker you aren't even supposed to be here" and I turned around to see a police officer walking quickly towards us. He and my friend started going back and fourth about a trespass warning and then the officer took out his handcuffs and attempted to detain my friend. After a struggle he cuffed him and placed him under arrest, then subsequently found methamphetamine (4-200g) in his pockets. my He then checked me for warrants, & one was actually outstanding so the officer also placed me under arrest. The following day I found out he had my car towed & during a "standard inventory search" found 1 gram of meth. The state is saying it was the apartment complex's policy to have any person arrested car's towed, but I have a copy of the lease and that is not true. Was this search legal?


Asked on 7/28/16, 1:37 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Talk to your lawyer about this but "policy" does not mean it is in writing. It could easily mean that is just what happens. And I can tell you from experience that that is what happens in most, if not all, similar situations.

Because you car was being legally towed (you had not right to have it remain there), and they have the right to inventory it (to protect police, tow drivers, and storage yards from allegations of theft from the vehicle), it sounds like a righteous search.

The better question will be can they prove you knew that the drugs were there. Talk about that with your lawyer.

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Answered on 8/27/16, 2:06 pm


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