Legal Question in Criminal Law in Texas

In Texas, if 2 people were pulled over on a routine traffic stop, and the driver had a sealed indictment for manf/del 4-200g out of another county does that give the police officer the right to search the vehicle? When the vehicle is not either one of the 2 car? If so, can the police search the vehicle without either of the two being present during the search ? Escpecially when the vehicle is not there's ?


Asked on 11/10/11, 1:18 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The driver is in control of the vehicle & because the driver is being arrested, the car will be impounded. The cops have the right to seal under the guise of an "inventory" search - to protect against accusations of theft from the towed vehicle. The passenger has zero - NO - standing (basis) to object to the search under any argument. He is a passenger, not the owner & not in control.

The driver - making the claim that the car is not his - is giving up his right to object to the search because he is saying it is not his. (The real owner could object but if the real owner is not charged, then there is not forum for the owner to object. The owner cannot object on behalf of the other two.)

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Answered on 11/10/11, 1:58 am


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