Texas Criminal Lawyer Blog

Well, the holidays are upon us and travelers are going to take advantage of the low gasoline prices to jump in the car and go somewhere. Some travelers will have something in their car which is illegal, like drugs, or will have been drinking alcohol or smoking marijuana and will be stopped by the Texas Department of Public Safety somewhere on Texas highways or interstates. Most of the stops are for some traffic violation, but many will end up with drug charges against the occupants of the automobile. Any driver, regardless of whether he or she has anything illegal in the automobile, is is much more like to be stopped and asked for permission to search their vehicle if the driver or passengers are young, black, hispanic, or otherwise different in appearance than the average Texas State Trooper.

However,in order to search your car, the officer is required by law to have what is known as 'reasonable suspicion" to delve further into the situation which presents itself after the officer has "made contact" with the driver of the automobile. The smell of alcohol or marijuana is the most obvious example. Short of this more obvious ground, the appearance of the driver is almost always cited; nervousness, (isn't everyone nervous when stopped by a cop?) bloodshot eyes, etc. After these initial reasons, the driver's answers to the troopers questions are often used--for instance, the question "where are you headed" answered by a city in the opposite direction in which the driver's car is going, is often used as reasonable suspicion for a consent search of the vehicle.

The driver has the obligation to furnish a Drivers license to the cop when requested, and to answer preliminary questions regarding the correct address on the license and other such questions regarding identity. After that, no further answers are required by the driver.

I have seen hundreds of police reports regarding highway stops from Sierra Blanca to Fort Stockton to Sonora, and from Eastland to El Paso, along Interstates 10 & 20, as well as Highway 84 from Abilene to Amarillo. You, driver, do not have to give consent to search your vehicle. Do not give it! If you are searched anyway, there will be a video of the stop. Do not reply to questions. Refuse to do any roadside sobriety tests. Do not blow into any breath devices. Then, since you are going to be arrested anyway, it makes my job easier when I defend you! Happy Holidays.