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Traffic Stops and Police Searches

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.