Legal Question in Criminal Law in Texas

After being pulled over in a residental area for failing to stop at designated point, where none (white line). The cop walked only to the front of his squad car and with his finger motioned for driver to exit the vehicle. Giving reason for the stop then asked to search his person, replying " I guess". The cop asked if he had any weapons or anything that could poke him. At first saying no then recalling he had his work knife in his front pants pocket, recanted as the officers hand was about to enter therein, and stated yes my work knife. Accompanied by a blade sharpener, unfortunatly it was a butterfly knife. In which the officer notified that it was unlawful to have one in your posession and now required to search his vehicle. After doing so he return to the handcuffed gentleman and proceeded to search him again and apon doing so a marijunia pipe fell down the detainees leg and onto the ground. The officer said that he was tampering with evidence and now was going to lock-up. Being unknowedgiable of his own rights to not being searched and still confused by the whole thing he did not understand the warnings recited about entering the county facility. Wandering what happened to his Maranda Rights though he was already arrested and cuffed. While being booked in he and being told by the jailer the laws of the proceeding confinment. Thus realizing that the small amount of marijunia was now a felony, he attempted to eat it. Being such caught by the officer who retrived the bag and now charged him with a felony. After retainging a local lawyer and fighting the traffic violation it was dismissed. Then after reciving the written and the typed reports they did not match. In type the cop said the driver exited his vehicle without consent which ensued the whole turn of events. The only charges that remain is the felony. Is not all that occured that occured a wrongful arrest?


Asked on 8/25/11, 11:59 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You have a lawyer and you should talk with the lawyer about the situation. Based on what you have related, it sounds like a lawful search but there may be nuances of which your lawyer is aware that could result in the suppression of evidence or dismissal of the cases.

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Answered on 10/01/11, 6:35 pm


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