Legal Question in Traffic Law in Texas
search & seizure
Is weak odor of burnt marijuana in a car in TX, incident to no seatbelt stop, probable cause to search pockets of person for contraband?
Nervousness and fidgety was also articulated in report.
No mention of smell on video articulated.
Did consent to search truck give consent to search person?
please provide applicaple case law if possible for ''weak odor of burnt marijuana'' (vs raw marijuana)
Asked on 2/07/09, 12:48 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
Re: search & seizure
If a person has been placed under arrest, the cop has the right to search his person, incident to arrest. The court's recognize the cop's need for safety prior to transport to the police station. The search could be illegal, if there was no permission, or the person was not under arrest.
Answered on 2/09/09, 6:42 am
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