When stopped by the police, many are confused about their rights during
a traffic stop. Why are drivers pulled over? Police will usually stop
cars if they witness a driving violation, are suspicious of criminal activity,
or to specifically arrest a person for a criminal act. But what are
your rights if this happens to you in Texas? Keep reading to find out.
Searches and Seizures
By the Fourth Amendment of the US Constitution, Americans are protected
from unreasonable searches and seizures. However, if police officers find
a reason to stop you, they can do so. There must be a valid reason to
stop you, and it could be as simple as speeding.
Police officers can ask you to step out of your car, but they cannot search
you or your car without a good reason. If a police officer has reasons
to believe you have a weapon, they are permitted to search you–by
patting you down. This goes with your car as well. If a police officer
has a reason to believe that criminal activity is occurring in your car,
they can legally search it. For instance, if a police officer pulls you
over for speeding and smells marijuana, he has a probable cause to search
your car to find the source. One important thing to remember is that if
at any point you give a police officer permission to search you or your
car, they will, and any incriminating evidence they find is admissible in court.
Criminal Defense Attorney
If you or someone you love has been searched at a traffic stop and is now
facing criminal charges, contact an experienced
criminal defense attorney. At
Carroll Troberman, PLLC, we are prepared to take on your case. Do not hesitate to
call our office to schedule a free consultation.