Legal Question in Criminal Law in Texas

If you get pulled over and the officer asks permission to search your vehicle and you tell him no, and while your standing outside your vehicle speaking with the officer you asked permission to turn off your vehicle and the officer replies no then proceeds in driver side window of my vehicle, then after K9 arrives the dog walks around my vehicle 3 times before the officers say the dog hit on a scent and find illegal narcotics. Was it a violation of my rights with the officer entering my vehicle?


Asked on 2/17/11, 5:07 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The Constitution protects you from unreasonable searches and seizures. This means that the police must obtain a warrant from a judge stating that there is probable cause to search your vehicle. Attached to that warrant must be an affidavit stating facts which support the finding of probable cause.

However the warrant requirement has exceptions. A good number of those exceptions deal with automobiles. A copy of the police report might tell you which exception the police might be relying upon. Suggest you get one and consult a criminal defense attorney.

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Answered on 2/17/11, 6:20 am


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