Legal Question in Criminal Law in Texas

I was charged with possesion and booked in jail at 2:20 am. At 5:17 am the police knocked on my door telling my wife that they forgot something in my truck, It was the evidence. Is this cause for dismissal?

Asked on 11/25/11, 7:36 pm

1 Answer from Attorneys

Mark Di Carlo Mark A. Di Carlo

You do not state whether or not your wife gave permission to enter the truck and obtain the evidence. Is she did not then you may have a valid reason to file a motion to suppress the evidence.

If drugs were found in the vehicle, and it was two hours later' and the car was not in your or the police's exclusive custody and control then you may be able to argue that the chain of custody was broken, and that these drugs were not the same drugs they saw earlier or were not tested at that point and therefore, should not be admitted into evidence.

Generally though, Judges are reluctant to grant motion to suppress evidence, particularly of drugs. So your motion might be denied by the judge.

I have not researched up to date law, however, of your question and your facts are very few; so my opinion is tentative only.

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Answered on 11/27/11, 6:12 am

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