Search Texas?

[mjsmonkey]

What is the name of your state? texas
We are at store near telephone having a discussion (not screaming at all) , Cops come up and I go to cop car and say I need to be by myself and h won’t leave me alone. Cop says I can sit in back of car and tells h to stay put. Cop from Argyle come up and the cops talk to H. The cop from Argyle looks in van w/o asking either of us. Also questions my daughter (14) w/o asking either of us. NL cop asks how much H has had to drink, I say none. After they have looked in van, Cop asks me can they search van, I say yes, they do and find weed. H is Arrested for possession of marijuana. Since they had looked and didn't find anything before they asked, does that make it an illegal search? What was the probable cause? One cop hit H in head with flashlight. Can they question my daughter? Can they detain my h w/o reason?

 

[dequeendistress]

h = ?

Why do I feel like this is an algebra problem?

You gave permission to search, that is all they needed.

 

[hexeliebe]

Since they had looked and didn't find anything before they asked, does that make it an illegal search?

No.

Can they question my daughter? Can they detain my h w/o reason?

Yes and Yes.

 

[mjsmonkey]

Why can they detain you w/o reason? They wouldn't let me leave or husband leave and we were not causing a "scene".

Don't they need probable cause to search vehicle even when they ask, don't they need probable cause?? They searched, then asked, then searched again and found. BTW, H is husband.

Where would they get probable cause?

 

[Son of Slam]

Why can they detain you w/o reason? They wouldn't let me leave or husband leave and we were not causing a "scene".

Don't they need probable cause to search vehicle even when they ask, don't they need probable cause?? They searched, then asked, then searched again and found. BTW, H is husband.

Where would they get probable cause?

Sufficient reason, supported by evidence strong enough to establish presumption. You know, like a stupid look on your face, or speed bumps. The fact that you are guilty is usually enough.

 

[mjsmonkey]

Guilty of What Son of Slam?

 

[JETX]

The answers to all of your questions is very simple.

The minute you made your 'complaint' to the officer ("I need to be by myself and h won’t leave me alone"), you started the ball rolling. The officer then is REQUIRED to investigate the circumstances due to your 'complaint'. And that investigation can include talking with your daughter (in attempting to ascertain the FACTS) and even can involve looking in your vehicle (say, for a weapon). Then, they asked your permission to search the van and you agreed. The marijuana was found as a result of your ALLOWED search.

That makes everything else in your post irrelevant.

"Since they had looked and didn't find anything before they asked, does that make it an illegal search?"
*** No. Reason is at that point, looking does not constitute a search.

"What was the probable cause?"
*** They don't need one. Simply, your agreeing to the search precludes any need for probable cause (only needed if you had refused).

"One cop hit H in head with flashlight.'
*** Obviously needed to fix his flashlight.... or to make the bulb over H's head light up.

"Can they question my daughter?"
*** Yes. See above.

"Can they detain my h w/o reason?"
*** Yes. See above.

BTW, this is a DUPLICATE post that was already answered by me previously.... go to:
https://forum.freeadvice.com/showthread.php?threadid=168076

 

[mjsmonkey]

Who can give consent to search a vehicle? Does it have to be the driver? If they were saying they were gonna call the "nut cop" if I didn't calm down, am I able to give legal consent to search if I am a nut case?

 

[dequeendistress]

Do you have proof of insanity?

Let it go, the police had all they needed, consent.

 

[PrefersPrivacy]

ATTN: mjsmonkey-

You'll likely have to take the hit on this one. The incident as you describe it sounds like standard operating procedures.

As a general rule, never consent to a search of anything, either verbally or by signing a form. Your refusal to consent to a search is not legal grounds for them to insist on it. The police must meet (or manufacture) certain requirements for search (reasonable suspicion). Do not travel with drugs. If you must, do not keep them in plain sight and keep air freshener in the vehicle and accessible at all times.

If you learn about the law, and more importantly, how the law is applied by the men and women in blue (or black), then you should be able to hold your own. Do not get emotional during an encounter with the police. Do not resist arrest even if you haven't done anything. Do NOT provide false identification to the police, but be aware that in Texas you do not have to provide ANY identification if you are not under arrest (an exception to this is if you were in a moving vehicle as a driver or passenger, then you must ID).

Good luck.

 

[dequeendistress]

ATTN: mjsmonkey-


...Your refusal to consent to a search is not legal grounds for them to insist on it. The police must meet (or manufacture) certain requirements for search (reasonable suspicion). Do not travel with drugs. If you must, do not keep them in plain sight and keep air freshener in the vehicle and accessible at all times...

Ludicrous.

 

[PrefersPrivacy]

Laugh if you must, it's good advice. And I suspect that you know that, hence your short (and derisive) reply.

Rolling papers, visine, air fresheners- these are not paraphenalia and even if kept in plain sight, do not justify a search. The courts have found that these things are legal to own and have perfectly legitimate, legal uses.

The smell is somewhat of a gray area. It's best to cover it up and do what you can to get out of the situation before a K9 unit is called to the scene. Air freshener won't fool the K9.

 

[dequeendistress]

You don't fool me either. (the smell won't fool a k-9