Legal Question in Criminal Law in Texas
What if im pulled over for a not having a tint sticker and drugs are found, but i actually do have the tint sticker to begin with. This is the listed reason for stopping me so would any evidence found after this be allowed into court?
1 Answer from Attorneys
All the officer has to have to stop you is reasonable suspicion. Sounds like he had it since he did not see a tint sticker (whatever that is). It is unlikely that he had a search warrant, so the discovery of the drugs needs to be based upon an exception to the search warrant requirement. The exception relied upon will probably be stated in the police report.
Some common ones are:
consent - you allowed the officer to search your vehicle
plain view - the officer could see or smell the drugs without searching the vehicle.
No search or warrant exception would be needed if you told the officer you had drugs on you (often a response to the the question "Do you have anything illegal on you?"
Get a lawyer.
Related Questions & Answers
-
My Ex-Wife left my 12 year old home alone with another 12 year old for 2 days. The... Asked 8/11/14, 3:08 pm in United States Texas Criminal Law
-
I was arrested 8/15/2010 poss of marijuana greater than 4 lbs less than 5 lbs and... Asked 8/10/14, 5:13 pm in United States Texas Criminal Law
-
Are the findings of a private investigator admissible in court? Asked 8/09/14, 6:55 pm in United States Texas Criminal Law
-
I was caught shoplifting at kohl's yesterday. The LP took me to a small room and I... Asked 8/09/14, 6:40 pm in United States Texas Criminal Law