Legal Question in Criminal Law in Texas

Unlawful search and seizure

A person was in his vehicle and was approached by an officer, but was not driving. He was accused of drinking and refused to take the breath alyzer test. He was given the sobriety test and passed and in the meantime the officer opened his glove compartment box and asked his 12 year old son to take out a bottle of pills from the compartment,is this admissible in court? The pills were a controlled substance, but were pain killers for an ailment (vivadin). He was not charged with DWI, but with possession of a controlled substance. Was the officer allowed to open his compartment under the suspicion of the alcohol, even though he was not charged with it? Was he allowed to search his vehicle without first arresting and charging him with a crime?


Asked on 9/28/00, 6:23 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Unlawful search and seizure

Police officers are authorized to utilize a "pat down" search prior to arrest to ensure there are no weapons and to guarantee their safety. Recent Supreme Court rulings have expanded the area of search from just the vehicle occupants to containers within their reach, such as gym bags, purses, center consoles, etc. This would also include the glove box.

If, during the course of the pat down, the officer discovers contraband, then s/he is authorized to seize it. Any questions after that point may be asked only after giving Miranda warnings.

Vicidan is a prescription pain reliever and is a controlled substance when in the possession of one other than to whom it was prescribed.

A competent criminal lawyer should carefully review the facts of the stop/seizure to see if all requirements of the law are met.

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Answered on 10/28/00, 9:20 am


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