Legal Question in Criminal Law in Texas

Fourth Amendment

If the answer to the question about, if you give an officer permission to search your vehicle they can search anything in your vehicle, then how are we protected by the fourth amendment.

Asked on 9/29/04, 2:00 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong
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Re: Fourth Amendment

You are not unless you advise the officer that they do not have your permission to search your vehicle. There is case law that says you can limit the search, and/or you revoke the permission to search at anytime, but I would not count too heavy on either of these. My advice would be to "just say no"- No you may not search my vehicle! No you may not search my house! No I will not do any field sobriety tests! No, I will not blow on your intoxilizer or your portable breath test (PBT) machine! and No I will not answer any of your questions other my name, address and date of birth until I call my lawyer.

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Answered on 9/29/04, 4:25 pm

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