Legal Question in Criminal Law in Texas

My son was stopped for a license plate light out. The officer stated she could smell �weed�. He answered �ok?� She asked to search the car; witch she never did and even stated on the ticket no search was done. The ticket also states no contraband. Though, she does take the sandwich bag saying it had �weed� in it and placed said baggie in her pocket. She gives him a ticket for Defective Equipment (a warning); driving without a license; (he paid that). As well as; Possession of Drug Paraphernalia (Minor) My question is, how can you state you did no search, and found no contraband, yet claim a baggie you �found� was paraphernalia issue a ticket claim said baggie is evidence and place evidence in YOUR pocket, and issue a ticket for something you said you never searched for or found? If the baggie is �evidence� should it not be bagged as such and not placed in your pocket where who knows that is in her pocket?


Asked on 8/27/16, 9:28 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Sounds like she saw the bag in plain view. By "no search" she may mean she did not conduct a formal, full search of the car.

Apparently she was not going to have the bag tested so the need for handling to allow proper testing is not there. Putting into her pocket would only be an issue if there is going to be testing required. (If he disputes that the bag was paraphernalia, then she may have an issue if she didn't keep the bag or properly store it if the case gets set for trial.)

Hire a lawyer and request to see the evidence.

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Answered on 8/27/16, 1:04 pm


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