Probable Cause? Terry Frisk? Caselaw Help.

TEXAS
poss meth under g
this is the report wording:

- While involved in traffic stop in a parking lot, "ao" observed "ap" exit an illegal gameroom. She appeared to be intoxicated. "ao" made contact w/ "ap" and asked if she had won any money while inside. While speaking "ao" noticed "ap" slightly slurring her words and requested to see "ap" drivers license prior to allowing her depart in her vehicle. While obtaining her dl "ao" observed "ap" attempting to conceal an object believed to be a knife in her purse and then in her pocket book. "ap" was instructed to step from vehicle in order for "ao" to conduct a terry frisk of "ap" and her immediate lunge area for officers personal safety. During the frisk "ao" observed a small baggie in "ap" pocketbook "ao" also observed what was thought to be a knife was actually a large vehicle key.

- appeared to be intoxicated / slightly slurring her words ( neither were ever mentioned to me before or after arrest, never questioned if I”d been drinking ) ( my car was no more than 5 steps from the door I exited)

- attempting to conceal an object in her purse and then her pocketbook ( I had a small billfold on my shoulder)

- while getting my dl officer was scanning w/ flashlight, as soon as his flashlight hit my passenger seat floorboard, he said mam step out of the car. He reached in and went straight for a tote bag that was in the passenger floorboard. ( it was empty) Then he grabbed my small “pocketbook”. Found baggie in it.

- me having a weapon was never discussed, first I heard of that was by police report , and the “LARGE” vehicle key was the same key that was in my hand from the time he approached me. ( the only thing in my hand, the “pocketbook” was on my shoulder.

- the tote bag that was in my floorboard “empty” … was given to me at the station and was full of magazines, my cell phone, other misc taken from my car. Why?

- if he was seriously in fear of me having a weapon, why did he ask me to get out of car, stand behind him but never alerted his partner, went straight for that bag I never touched.

I’m not looking for answers, just some input of how to escape this nightmare, is there any hope? …. I am 35yo female w/ no prior record.What is the name of your state (only U.S. law)?

It seems that they had sufficient cause to contact you from the observations. If the officer believed they saw you manipulating a weapon, that should be sufficient to justify a search for weapons. No, he does not have to tell you why he is conducting the pat-down (the police are not in the habit of always alerting people to what they see, know, or believe unless there is a tactical por practical reason to do so). And you do not know whether or not he alerted his partner. All because he did not yell, 'Knife!" does not mean that no signal was given. Even if he did not signal the other officer, that does not make the search any less valid.

Your attorney can evaluate the search and the details to determine if there is sufficient cause for a search of the bag where the dope was found. If the dope was found in a bag that you never touched, and they were indeed conducting a pat-down for weapons, it might be difficult to support such a search. But, there may be aspects of TX law or this particular incident that would make that lunge distance acceptable under the circumstances.

Consult legal counsel.

point is between the war on drugs and the war on terror (both are wars of the US gov't against people of the world and not against other gov'ts) personal liberty and freedom have been eroded beyond recognition...

carguy31 said:

point is between the war on drugs and the war on terror (both are wars of the US gov't against people of the world and not against other gov'ts) personal liberty and freedom have been eroded beyond recognition...

Click to expand...

Ohhhh .... brother ...

carguy31 said:

point is between the war on drugs and the war on terror (both are wars of the US gov't against people of the world and not against other gov'ts) personal liberty and freedom have been eroded beyond recognition...

Click to expand...

Yet during the war of 1812, the Civil War, WWI and WWII, local police were free to beat confessions from suspects.

carguy31 said:

point is between the war on drugs and the war on terror (both are wars of the US gov't against people of the world and not against other gov'ts) personal liberty and freedom have been eroded beyond recognition...

Click to expand...

Must be time to hijack another thread (no pun/connection intended with "hijack" and "war on terror")!

CdwJava said:

It seems that they had sufficient cause to contact you from the observations. If the officer believed they saw you manipulating a weapon, that should be sufficient to justify a search for weapons. No, he does not have to tell you why he is conducting the pat-down (the police are not in the habit of always alerting people to what they see, know, or believe unless there is a tactical por practical reason to do so). And you do not know whether or not he alerted his partner. All because he did not yell, 'Knife!" does not mean that no signal was given. Even if he did not signal the other officer, that does not make the search any less valid.

Your attorney can evaluate the search and the details to determine if there is sufficient cause for a search of the bag where the dope was found. If the dope was found in a bag that you never touched, and they were indeed conducting a pat-down for weapons, it might be difficult to support such a search. But, there may be aspects of TX law or this particular incident that would make that lunge distance acceptable under the circumstances.

Consult legal counsel.

Click to expand...

It wasn't found in a bag she never touched. It was found in the "pocketbook" that she had on her person the entire time. It was this pocketbook that the officer apparently thought she was trying to hide a knife in.

The bag on the floor of the vehicle that was within "lunge distance" was empty.

CJane said:

It wasn't found in a bag she never touched. It was found in the "pocketbook" that she had on her person the entire time. It was this pocketbook that the officer apparently thought she was trying to hide a knife in.

The bag on the floor of the vehicle that was within "lunge distance" was empty.

Click to expand...

I merely mentioned the issues rather than try to address all the wherefores and "what ifs" of the situation.

But, since she wrote that the tote bag was on the floorboard, "Then he grabbed my small “pocketbook”. Found baggie in it," the inference is that the pocketbook and baggie might have been in the tote bag. It is not entirely clear to me where she is alleging the items were. Hence the general reply.