tredapoet wrote:
Driver is driving on vacation with his girlfriend. He is speeding and he gets stopped.Police officer asks for credentials, and says "what im going to do is right you a warning and ill be right back". Comes back asks driver to step out vehicle and askes him about an a Paraphanelia Ticket, which to drivers knowledge was dismissed. BEfore driver has the oppurtunity to tell them about it, he askes to search vehicle! (STOP)
Question #1: is asking for a search valid, if no reasonble suspicion arose from the vehicle at all?
Yes, the police can ask most any question they wish, and their departmental policy permits!
Question #2: Is the apparently dismissed(deferred disposition) ticket reasonble suspicion or probable cause for a valid search?
RED HERRING, irrelevant question. The police can ask you to search because they are bored, or looking for contraband. They don't need a reason to go fishing, they are cops, after all! They seek out evil doers daily.
Question# 3: Do i have the right to refuse?
Beautiful, you are catching on quickly. Yes, you can refuse, and you would be smart to refuse, especially if you were holding.
Driver tells him No, and that iit is his girlfriends vehicle. The officer replies with, if you dont let me search, we will bring K9 out and tear up vehicle. Driver replies. "you gotta ask her".
Officer walk to vehicle to talk to passenger(girlfriend).
officer: is this your car
passenger: yeah, i just got it.
Officer: can i search it
passenger:why do you feel the need to search?
officer: driver has a prior ticket for paraphenalia(remember deferred disposition).
passenger: well do i have a choice
officer: no! either i will search it or i bring the dog to tear it up
BIG QUESTION #4: Why does the past ticket even matter if driver had the ticket Ajudicated, for what ever reason it may be?
Again, RED HERRING, irrelevant. The police don't need a reason to ask your permission to search, but the dog could be another matter.
BIG QUESTION #5: if officer had no suspcion between time he walk up to car and before he checked TExas ID, why did he still feel the need to violate persons in car?
I am a great lawyer, but I am unable to read the thoughts of others. I would also advise against characterizing what the officer did, did not do, or intended to do.
Some of this might seem redundant but i need as much help as possible. If you can send me book references and law references?
You can Google all of this on the 'net. If you were ticketed or arrested, after SHE gave him permission to search, it was NOT an illegal search. Yes, it is NOT illegal for the police to lie, intimidate, or even bully someone into doing what they want. HINT, that includes getting girlfriends to "say YES to the search".
THIS CASE IS REAL! MY MAIN FOCUS IS: CAN THIS CASE BE DROPPED DUE TO AN INVALID SEARCH
Sure, your charges can be dropped, but not the case. Why, the police did not violate your constitutional protection by committing an illegal search. Your girlfriend gave permission, and I'll bet she even signed a form indicating the police could look in her car. Heck, she may have even told the officer where the drugs were secreted, rather than risk LOSING her car to IMPOUND when the dog arrived and alerted to the presence of illegal substances.
I suggest you do the following:
INVOKE your right to remain silent,
Plead NOT GUILTY,
Request a trial.
Request a court appointed lawyer (if you or the case qualifies you for one),
Or, hire your own lawyer,
Speak only to your lawyer,
Let the lawyer work his or her magic, (cut a deal)
And, this will be a bad memory sooner, rather than later.
One last word of caution.
I know Texas courts, I know Texas judges, and I darn sure know Texas justice.
Your case is a nothing case, unless YOU try to make it a SOMETHING case.
Don't outwit yourself, and make big problems for yourself.
I am hoping (for yoru sake) that if you were popped, it was for "weed".
I also hope, for your sake, that no more than 4 ounces was located.
If they found 2 ounces or less, its a Class B misdemeanor. It nets not more than 180 days in a county jail and/or a fine of not more than $2,000.
If they found more than 2 ounces, but less than 4 ounces, its a Class A misdemeanor. That could get someone not more than 1 year in a county jail and/or a fine of not more than $4,000.
Trust me, friend, they want money, lots of YOUR money. Money walks, talk gets you got.
You can also get your drivers license suspended for up to six months following a conviction violating ANY part of the Texas Controlled Substances Act, including marijuana possession. Texas is tough on crime, especially drug possession. It always has been, it will always remain so.
You won't win this case, but there are many other options to make it seem like you won.
If you are accused of a first offense of possessing less then 2 ounces of marijuana, it is likely you can work out a deal or even get your case dismissed in exchange for agreeing to drug treatment programs, and/or some community service (plus giving the state LOTS of your money). If you stay out of trouble during a specific period of time, your case may be dismissed or continued indefinitely.
These programs are called diversion programs, and are meant to avoid harsh penalties for first time offenders. Some Texas counties also have drug courts, where the court intervenes with intensive monitoring of drug use, and other mandatory programs in exchange for dismissing the possession charge in the future.
If you feel you may have a marijuana (or drug) addiction problem, agreeing to drug treatment can be an excellent option as part of a plea agreement.
You did not hear this from me, but I am told some people just say they have an alcohol problem, thus qualifying them for drug treatment. Yes, they often beta the wrap, too. Go figure, huh?
The goal with using diversion in these matters is to avoid a permanent criminal record. You can, and should discuss exactly what your options are, and what kind of deal you want yoru lawyer to try and get for you. Of course, you do this after discussing your case, reviewing the evidence against you, and talking about your previous life as part of most lawyer's free consultation. If you get that court appointed lawyer, there will be no charge, but the same discussions should be held.
In Texas, possession of drug paraphernalia is a separate criminal charge under the law.
What is defined as illegal drug paraphernalia?
Any item that can be used as a drug processing, packaging, or consumption mechanism can be defined as paraphernalia under 481.002 (17) of the Texas Controlled Substances Act. Even common household items such as scales, spoons, bowls, envelopes or bags can land you an illegal possession of paraphernalia charge. The most common paraphernalia charges result from pipes, and bongs.
What is the Penalty for Possession of Drug Paraphernalia in Texas?
Simple possession of drug paraphernalia is a Class C Misdemeanor, which carries a penalty of fines up to $500.
Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, which can result in up to a year in jail. Second offense penalties will result in mandatory jail time, or if you sell to someone under 18 years old.
