Legal Question in Criminal Law in Texas

My question is this: we were pulled over for a minor traffic violation. When the officer approached the car he asked for drivers license and ins. Then asked the driver to step out of the car. The officer asked to search the vehicle and we declined. They arrested the driver for a sealed indictment for a charge of c/s del/man 4-200g. He then arrested me for 3 outstanding warrants for my dogs getting out of the yard. I paid those tickets and had the receipt bit the officer wouldn't let me show him and arrested me anyway. We were both taken to jail and after we were booked in they searched the vehicle. Question is: doesnt the accused or driver of the car have to be present during any kind of search like this? If not how can that be legal considering there are slot of shady cops as well. Oh ya they found drugs in the car that night when they searched.

Asked on 11/25/11, 10:45 am

1 Answer from Attorneys

Mark Di Carlo Mark A. Di Carlo

No, although I have not researched this issue for you, as far as I know I know of no right t be present, at what is commonly referred to as an "impound" or "inventory" search.

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Answered on 11/27/11, 6:00 am

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