Legal Search?

[PropOfHarrisCou]

What is the name of your state?What is the name of your state?What is the name of your state? TEXAS

My fiance and I were driving near a "bad area." He has a nice car with chrome rims so it stood out, the cop ran our license plate and pulled us over. My fiance was driving, he had a warrant so he was placed under arrest. I was placed in the back of the police car (not cuffed.) The cop ran my license, I was clear, he than begin to search the car, he put me in front of the car, he took my purse from the car and began to search it, he asked if I had any knives or guns. When he opened my purse got to compartment where I had a gun (unloaded) and I told him before he found it because he was already searching my purse. I explained to him that I've never been in trouble and I was carrying the gun to a pawn shop to sell it. I was arrested on a Unlawful Carrying a Concealed Weapon but my question is... did he have the right to search my purse in the first place? He never asked me if he could and I wasn't under arrest nor did I have any warrants.

Property of Harris County

 

[Kane]

I can't think of a lawful basis for the search, based on the facts you've given.

Talk to your lawyer about it when you get one, and make sure you hire a lawyer who's prepared to file a motion to suppress and to argue it.

 

[PropOfHarrisCou]

Thank you, I didn't believe he had a right to search it. I've already got a lawyer and am meeting up with him tomorrow!

Property of Harris County

 

[Jack_David]

When did this happen?

I'm going to assume that it happened after September 1st of this year, if that is correct then you should be protected by the new law that was passed by the Texas legislature.

Under the new law it is generally legal to carry a concealed handgun in a vehicle.

However I see you have Harris County mentioned in your post and in your name, and apparently the Harris County DA is acting a bit shaddy with regards to this new law and he is still trying to prosecute people as if this law didnt exist.

Here is a post at a gun forum that I frequent about it.

http://www.ar15.com/forums/topic.html?b=8&f=8&t=210002

Definately get a lawyer and plea not guilty.

I hate it when government officals choose to ignore the law.

BTW in addition to that site I linked www.thehighroad.org would be another good gun related forum you can post to in regards to you situation. Good luck.