Being stopped by the police can be a terrifying experience. Many people don’t know what they should or can do during police encounters. However, understanding your legal rights is crucial to protecting them.
Your legal rights don’t immediately end just because a police officer has pulled you over. Knowing how to protect yourself could prevent the police from having legal grounds to arrest you. Here is what you should know about traffic stops in Texas.
Legal Grounds for the Traffic Stop
First, law enforcement must have a valid reason to conduct a traffic stop. They cannot simply pull you over to try to find evidence that you’ve done something wrong. They must have a valid reason before they ever pull you over. Even if they find out the suspect committed a crime, they must have a valid reason to stop the vehicle – the ends cannot justify the means.
A traffic stop is considered a form of seizure. The Fourth Amendment to the United States Constitution and Article I, Section 9 of the Texas Constitution protect people from unreasonable searches and seizures. These laws require law enforcement to prove that they have a valid legal reason to justify a stop.
Before law enforcement stops you, they must have reasonable suspicion that you are committing some crime. This legal standard requires specific and articulable facts, coupled with rational inferences, that suggest that criminal activity is currently happening. It is more than a hunch or gut feeling. However, it falls below probable cause, which is the legal standard required for a lawful arrest.
Examples where Texas courts have found reasonable suspicion exists include:
- Traffic violations: If a law enforcement officer observes a traffic violation, such as speeding, running a red light, or driving with a broken taillight, they can stop the driver.
- Erratic driving: A law enforcement officer could also stop a motorist when public safety is at risk, such as if they see a driver weaving between lanes, driving at high rates of speed, or driving significantly below the speed limit, which could indicate driver impairment.
- Matching a suspect description: If the driver or passenger matches a detailed description from a recent crime report in the immediate area, the police can detain the suspect briefly.
- Having a reliable witness report: Police officers may be able to use their observations along with a detailed, corroborated tip from a reliable witness stating that specific criminal activity is occurring that involves a particular vehicle to justify a reasonable suspicion stop.
- Plain view observations: If an officer views a crime (as long as the officer has the right to be where they are when they view the crime), they have reasonable suspicion.
If police do not have reasonable suspicion for the stop, your criminal defense lawyer could challenge the stop itself, as well as any evidence that was collected from it, which may result in your release and the charges against you being dismissed.
Passenger Compartment
To search the passenger compartment of a vehicle, the police must have consent (permission), a warrant, or probable cause. If a suspect is within arm’s reach of the passenger compartment and the officer has reason to believe the suspect could reach into the vehicle to gain access to a weapon, the officer can quickly search to ensure a weapon is not within reach.
Drug Sniff Dogs
The Fourth Amendment governs drug-sniffing dog procedures in Texas. Exterior vehicle sniffs do not require warrants, but police officers cannot arbitrarily prolong traffic stops to wait for a K-9 unit. Additionally, if the dog sticks its nose into the vehicle’s interior, this is considered a constitutional violation.
Breathalyzer Test
Texas law enforcement officers sometimes ask motorists to take roadside breath tests using a preliminary handheld device. These tests are voluntary, and police officers use them to establish probable cause for an arrest. Likewise, field sobriety tests are voluntary in Texas, so you can also politely refuse to take them.
Your Vehicle
Generally, police cannot search your vehicle during a traffic stop. However, there are many exceptions, including:
Warrant
People are protected from unreasonable searches and seizures. A search or seizure may be considered reasonable when police obtain a warrant to complete it. This creates an additional legal safeguard to protect citizens’ rights.
Obtaining a warrant requires demonstrating probable cause and getting approval from a judge. The warrant must describe the place to be searched with particularity and the items or evidence that the police expect to find there.
Probable Cause
Even if the police don’t have a warrant, they may still have probable cause that can justify the search. Probable cause exists when a law enforcement officer has sufficient factual evidence or reasonable belief to suspect that a crime has been committed or that evidence of the crime can be found in a specific location. It must be supported by clearly articulated objective facts or observations.
Some examples of when probable cause may exist to search a vehicle include:
- Smelling the odor of drugs from the interior of a vehicle
- Seeing illegal drugs or weapons in plain view
- Witnessing suspicious behavior
- Hearing admissions of guilt
- Observing the suspect commit a crime
- Receiving a credible tip from a witness or informant
If police believe probable cause exists, they may be able to search different areas in the vehicle where evidence could reasonably be located.
Exigent Circumstances
Another exception when police may not need a warrant and may be able to search the vehicle is if exigent circumstances exist. Exigent circumstances are emergency situations that require immediate action, so it’s not reasonable to wait for a warrant to be issued. For example, if someone would be harmed, a suspect could escape law enforcement, or evidence could be destroyed, exigent circumstances may exist to justify the search.
Consent
Police have the legal right to ask to search your vehicle, but you have the right to refuse consent to a search. If you voluntarily agree to let police search your vehicle, they can do so and use any evidence that they obtain against you. Put simply: even if the law would not otherwise allow the police to search, you giving them consent makes that otherwise illegal search perfectly okay.
Plain View
Another legal doctrine that can apply in these types of situations is the plain view doctrine. Under this doctrine, police do not need a warrant to conduct a search or seizure if illegal evidence is in plain sight where they are lawfully present. For example, a police officer may be able to search your vehicle if they see:
- An open bottle of alcohol
- Drugs, drug residue, or drug paraphernalia
- An illegal weapon
The item must be visible without requiring manipulation by the officer to identify. The law does, however, allow the officer to use a flashlight to help them see the item. The law enforcement officer can examine the suspected item and then search your vehicle for other illegal items.
Automobile Exception
A specific rule that applies in these situations is the automobile exception. Because vehicles are inherently mobile and provide a reduced expectation of privacy (compared to your home or other private locations), police may be able to search the vehicle if they believe a vehicle contains evidence of a crime that could be discarded or destroyed if the suspect is allowed to drive away.
Search Incident to Arrest
If a suspect has been arrested, police may be able to search the person and the area within their immediate vicinity for weapons and evidence to protect law enforcement officers and prevent the destruction of property. Law enforcement officers may also be able to search the vehicle for evidence relevant to the crime for which you are arrested. There must be a connection between the search and the arrest.
Inventory Search
If the car is lawfully impounded, it is likely subject to an inventory search. During this procedure, law enforcement documents the contents of the vehicle so that they can ensure that the registered owner receives these items back when they pick up the vehicle from impound. The vehicle could be searched during this process, but police officers must follow a standardized policy.
Phone Searches
Most people drive with their cell phones in tow. Phones contain various types of personal data. Due to this, they are fiercely protected by the Fourth Amendment. Just because your phone is in the vehicle does not mean that police can search it. They must usually obtain a warrant or your consent before searching its contents (unless you give them consent).
Contact an Experienced Criminal Defense Lawyer for Assistance
Understanding the rules and constitutional protections described above can help protect you from unlawful searches. If you believe that you or a loved one was subjected to an illegal search or seizure, reach out immediately to The Law Office of Mike Howard for legal representation. We have a strong understanding of constitutional safeguards and will work hard to uphold them. Contact us online today to schedule a confidential consultation.
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