Legal Question in DUI Law in Texas

Your right to be free from unreasonable searches and seizures is found in the 4th Amendment; the right against self-incrimination is part of the 5th Amendment. The 5th Amendment is not implicated under these circumstances, as this right covers statements that you make or perhaps items discovered as a result of statements you have made.

You still likely have a reasonable expectation of privacy in a locked container in your car. The preference under the 4th Amendment is that searches should be conducted with a warrant. There are several exceptions to this rule. For example:

- Consent. The officer obtains your consent to open the briefcase. The State must show that the consent was validly obtained and not the result of impermissible threats.

- Search incident to arrest. If the officer has placed you under arrest, then several courts have decided that this includes locked containers in your possession.

- Inventory. If you have been placed under arrest, the police have the right to inventory your belongings to protect your property, to protect the government from disputes over this property, and to protect government officials from danger. If the local police policy is more geared towards discovering evidence than the above concerns, then the search may be invalid.

- Plain view and "plain smell". If an officer is in a place where he is legally allowed to be, then anything he immediately recognizes to be contraband can be seized. This has been interpreted to include things the officer perceives with his sense of smell.

These are the major issues at play in your case, but 4th Amendment analysis is highly fact-specific. I would recommend you discuss fighting the search of the briefcase with your attorney.

Just because you were arrested does not automatically give the officer the right to open the briefcase. A recent United States Supreme court case placed limits on what officers can and can't do under this exemption.

However, if the car was towed and taken into police custody, they have the right to inventory the contents of the vehicle which may give them the right open the locked briefcase at that point.

Again, this is an issue for you to review with your criminal defense attorney.

Both of the previous comments are correct. You should consult with a local law firm to assist you with protecting your rights and interests. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.