Legal Question in Criminal Law in Texas

we where stopped for speeding on the way back from the beach over the fourth of july weekend. the sheriff that pulled us over said he smelt marijuana and searched the vehicle which was a company vehicle that we borrowed for that weekend. He arrested all 4 of the male passenger for possession of marijuana under 2 oz , but not the driver who was female. none of us new there was marijuana in the vehicle and explained to the cop that we had been at the beach all weekend with the car easily access able to anyone, he had to literally scrap it off the floor board and found some in a can that left in the truck he told us he was arresting us for it being within reach of us, but it doesnt make any sense that the driver was not arrested let alone the vehicle was a company vehicle that was used be other people . i guess the question is how are they able to arrest us and not her when she was speeding and the driver of the vehicle that was stopped , but we where and also we where stopped and arrested in goliad county which is south going towards the beach, and we all live in hutto tx , which is 5 hours away, so what would most likely happen us being so far away


Asked on 8/29/11, 12:49 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You all need to hire lawyers. You probably have conflicts with each other that you will have to waive in order to have just one lawyer - and it may not be a good idea. It sounds like the case is defensible. The smell of marijuana gave the officer the right to search but you are right, it does not make sense that the driver (female) was not arrested.) Generally the driver and / or owner of the vehicle and / or person in closest proximity of the pot is arrested. If it was loose on the floor, then if it just under one person - that person should have been arrested. As far as the can, whoever was in the closest proximity and / or the owner / driver should have been arrested for that. (It is possible the can can be fingerprinted.)

Your explanation about the access to the vehicle is logical. The burden is on the State to prove possession and it sounds like they will have a tough time doing so.

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Answered on 10/01/11, 6:33 pm


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