MIP x 2 (Tobacco/Alcohol) Valid Search?

What is the name of your state? Texas

Story Background (Skippable):
Alright, I was following a buddy to his house and we parked in front of it while he ran inside and took care of some business with his brother. I was parked outside his house with my girlfriend (separate car) in my 1986 Lincoln Town Car. The problem is, I'm in a colleyville neighborhood, and I've had the cops called just on the presence of my car many times. It is about 11:45 when I park.

What is in my car:

10-12 cans of "Sparks" (Alcohol)
Half a pack of cigarettes


Cop Encounter:

Around 12:00, 4 (Yes, four -.-) colleyville bacons arrive on the scene. I was parked, sitting in my car, car OFF (keys not even in the ignition). The cop rolled up behind me with his lights off apparently, parked, and beamed his flood light into my car. This is where my question really is. The cop claims I was digging around my car when he pulled up (I may have been), this comes into play later. He does the usual "What are you doin out here?" etc etc. There is nothing to be smelled/seen, by the way. He gets my license/insurance, then asks me to step out of the car. My windows are down, but I lock my car on the way out, and shut the door. He asks me to step towards the back of my car, and then he reaches into my car and unlocks my door. I then state "Sir, you do not have my consent to conduct a search on my vehicle". He then states that since I was reaching over/digging around in my car when he pulled up, that gives him legal capability to search my car.

Is that true? Even though he in no way identified himself as a cop before he stepped out of the car, me digging through my car nullifies my right to deny search? (His headlights were not on, nor were his red/blue lights on, only his flood popped up)

Also, they towed my flipping car, even though the car wasn't even on or in gear, is that legal too? (Probably is -.-)

Whether he can search the car will depend on whether he can articulate good cause as it applies to TX law. I suspect it will be slim, but you never know.

If you had been drinking at some point that night or if there was open alcohol in the vehicle, it is likely that he smelled the alcohol and that could give him the cause he needs.

And, if arrested, they can tow your car.

You will want to consult a local attorney who can then get a copy of the police report and see what their take on the event was.

- Carl

No alcohol had been opened, nothing smoked in the car, there was nothing to be smelled.

Then you will have to wait until you can review the report to see whether you have a chance at suppression of the evidence. If he cannot offer good cause to look inside the car, the search can be suppressed.

- Carl

Unlucky Kid said:

No alcohol had been opened, nothing smoked in the car, there was nothing to be smelled.

Click to expand...

He doesn't necessarily mean that you did those things in the car. If you had been drinking and/or smoking several hours beforehand, even nowhere near the car, but the officer could still smell those things on you (smoke doesn't go away as quickly as smokers think), then he may be able to argue a good search based on that.

It so often surprises me whan I hear, "He couldn't have smelled anything! We smoked a bowl an hour ago!" The same with alcohol.

And breath mints ... well, they give you minty fresh beer or pot breath.

- Carl

K let me put it this way, since you guys didnt understand me:

Smelt it on my breath? Hmm, I got an MIP not an MIC, I had not opened a single alchohol container that night nor had I consumed any alchohol.

As for the smoke smell, I hadn't smoked for several hours, and it was nowhere near my car and with a different shirt on.

I don't know, you tell me. But please stop posting unless it's a response to my question, not "Yeah kids say 'dude we smoked a bowl an hour ago' etc."

Quit smoking weed a few months ago, so he wouldn't smell that either.

Sorry you don't like it, but all we can do is speculate at this point.

Until you can tell us what the OFFICER cites as his justification for the search, all we have is pure speculation that can be right, wrong, or whatever.

Consult local counsel and have them review the report for a possible suppression motion.

- Carl