Legal Question in Traffic Law in Texas
traffic stop searches
Is it legal for an officer to perform a car search during a routine traffic stop if the driver was/has not committing any offense( ie: not speeding, no warrants, no wreckless driving, no car violations etc..) . Is it okay for the driver to refuse the search if said person know that he was following and obeying all traffic laws.
Asked on 12/14/06, 1:17 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
Re: traffic stop searches
Yes you can refuse the search. If the officer has an articulable reason, there are exigent circumstances or something in plain view, the cop can search under those limitations. If there is additional cause, he can impound the vehicle in order to obtain a search warrant.
Answered on 12/14/06, 4:15 pm
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