Criminal Legal Advice Needed?
Question by BabyG: Criminal legal advice needed?
My husband has received a possession of control substance 2 grams in a drug free zone . The residents where the charges was field was 480 feet within the 1000 foot school zone . The officer searched the vehicle an also had it towed on private property with out my husband the owner of the vehicle being around . The “drugs” was found in a black duffle bag that was in the vehicle . The reason the officer was lookin for the car cause it was in a chase prior to the search, my husband’s ex gf was the one driving but of course her story is different .. my question is does the officer have a right to search the car and have it towed if it was on private property an the owner of the vehicle was no where to be found ?? I searched Google the best I could an I believe the charges can be dropped because the officer did not have a search warrant . He was going by hear say ….. also if it helps we live in the state of Texas, in different states the law is always different .If you do not know the answer to this question do you know a web site that could give me a little information ?? Thank you ….
Best answer:
Answer by Onefish
Google “auto exception Texas”. The auto exception is an exception to the warrant requirement. The rule usually is that if an officer has probable cause to arrest for a crime and he arrests you in a vehicle that can move…he can search the vehicle..each state applies the exception differently, so who knows, you might find a way to suppress the drugs. Get a new boyfriend though, unless this is the best you can do.
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