Legal Question in Criminal Law in Texas

I was pulled over for speeding I had an outstanding felony warrant in another County the officer asked my passenger my girlfriend if she had a valid license so that she could drive my vehicle home during the stop marijuana was found in the vehicle I was never given a speeding ticket for their cause of the initial stop or would we ever charged with marijuana the first night he came back a month later and charge both of us with the marijuana like I said I was never given the speeding ticket or anyting and that was the cause for the initial stop the only thing that happened was I was taken to jail for the outstanding warrant he came back a month later and give us both possession of marijuana cases is this legal

Asked on 3/02/21, 9:18 pm

1 Answer from Attorneys

Wes Ball Wes Ball Law

If I understand your question correctly, the claimed basis for the traffic stop was for speeding and your arrest was for an unrelated outstanding warrant. The fact that you were never actually charged with speeding or issued a citation for speeding does not invalidate the stop if the claim that you were speeding is correct. It is not uncommon for an officer to forego charging a traffic violation in lieu of more serious charges or another outstanding warrant.

If the stop for speeding was legitimate and the other reasons to discover the marijuana are legitimate, then the marijuana is admissible in evidence in the marijuana case. If you were not in fact speeding and the Judge were to agree, then the marijuana would NOT be admissible. The other issue that arises is that if the officer released the car to your girlfriend, then there must be a basis for any search that resulted in the discovery of the marijuana. This could be something like the officer detected and odor of marijuana or saw it.

The bottom line is that the failure to charge you with speeding does not invalidate an otherwise legal stop. You should consult with a Board Certified Criminal Law Specialist for professional guidance.

Wes Ball

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Answered on 3/03/21, 8:07 am

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