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Unlawful Search of CAR TEXAS

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harrellpn

Junior Member
What is the name of your state? Texas I was sitting in my car with no music on, while studentswere leaving campus, an officer (City Police) on the school property ran out, sseing me parked with friends, came over to me and asked it it was me, I said no, he ordered me out of the car wrote a ticket for liud noise and then started to seach my car. He found a knife in my dad's jacket and a few small fireworks and some knuckles, None of these were in plain sight, I actually forgot about the little fireworks they were under the carpet in the back, must have fallen when they installed the stero or something, The knucles were in an overhead vsior compartment. I was arrested, they did not impound the car. Is the search legal. I did not give my consent
 


Kane

Member
I'm not quite sure I understand.

When you said, "asked it it was me, I said no," are you saying you lied about who you are?

Why would you do that?

Anyway... there are several reasons why a cop can search your car, without consent. One of the most common is "search incident to arrest." Based on your post, my guess is that this is the reason the officer is going to give in his report, but there's no way for me to be sure about that.

Either way, you're going to need to get a lawyer, who will review the officer's report, and will will then file the appropriate motions, if there's any basis for filing them.

The fireworks are just a municipal offense. But the knuckles are Unlawful Carrying of a Weapon, a class A misdemeanor. That's the case you need the lawyer for. Theoretically you can get a year in jail, but you're probably looking at probation, unless your lawyer can arrange a something better.
 

acmb05

Senior Member
I'm not quite sure I understand.

When you said, "asked it it was me, I said no," are you saying you lied about who you are?

Why would you do that?

Anyway... there are several reasons why a cop can search your car, without consent. One of the most common is "search incident to arrest." Based on your post, my guess is that this is the reason the officer is going to give in his report, but there's no way for me to be sure about that.

Either way, you're going to need to get a lawyer, who will review the officer's report, and will will then file the appropriate motions, if there's any basis for filing them.

The fireworks are just a municipal offense. But the knuckles are Unlawful Carrying of a Weapon, a class A misdemeanor. That's the case you need the lawyer for. Theoretically you can get a year in jail, but you're probably looking at probation, unless your lawyer can arrange a something better.
I think he meant that the officer asked if it was him playing the loud music.
 

lwpat

Senior Member
The search was not legal unless he arrested you first. The officer can claim he placed you under arrest and then searched the car. You can be arrested for anything in Texas, even a seatbelt violation. Have you attorney do a discovery request to find out what the officer is saying.
 

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