Roadside search gone bad

[loadmaster]

What is the name of your state (only U.S. law)? ca

Hello,

I was driving in central TX and was pulled over for speeding. I am a truck driver and as the officer was looking at my log book and he noticed i was spending alot of time in El Paso. He then informed me that I was traveling on a road that was used alot by people transporting drugs. He said these are major red flags and that justified him asking to search my vehicle. With nothing to hide and figuring it would get me out of there sooner I said OK. There was a second vehicle that was traveling with me that parked in front of my truck. As the cop got into my truck I signaled to the other driver just hold on we would be on the road in a minute. The cop then immediately jumped out said I was under arrest and read me my rights. He said he found something. We then walked to the back of my trailer as I kept asking what he found, he then called for backup. He told me he was having an officer come who was trained in drug use detection. It wasnt a couple minutes later an officer showed up, he left me with him and went back to my truck. A couple of minutes later the specially trained drug use officer showed up and started testing me. After 45min. he concluded I was not under the influence so his job was done. After more searching of my vehicle they found nothing. However I had a suitcase in the other vehicle that was traveling with me and I was also charged with having a false drug testing device. It was never shown to me I dont know what it is or looks like.

Of course I couldnt get bailed out since I was from another state, and had to bond myself out. What is my best cause of action? Please help.

 

[Just Blue]

What is the name of your state (only U.S. law)? ca

Hello,

I was driving in central TX and was pulled over for speeding. I am a truck driver and as the officer was looking at my log book and he noticed i was spending alot of time in El Paso. He then informed me that I was traveling on a road that was used alot by people transporting drugs. He said these are major red flags and that justified him asking to search my vehicle. With nothing to hide and figuring it would get me out of there sooner I said OK. There was a second vehicle that was traveling with me that parked in front of my truck. As the cop got into my truck I signaled to the other driver just hold on we would be on the road in a minute. The cop then immediately jumped out said I was under arrest and read me my rights. He said he found something. We then walked to the back of my trailer as I kept asking what he found, he then called for backup. He told me he was having an officer come who was trained in drug use detection. It wasnt a couple minutes later an officer showed up, he left me with him and went back to my truck. A couple of minutes later the specially trained drug use officer showed up and started testing me. After 45min. he concluded I was not under the influence so his job was done. After more searching of my vehicle they found nothing. However I had a suitcase in the other vehicle that was traveling with me and I was also charged with having a false drug testing device. It was never shown to me I dont know what it is or looks like.

Of course I couldnt get bailed out since I was from another state, and had to bond myself out. What is my best cause of action? Please help.

To clarify. This occurred in TEXAS correct? So the STATE law that applies is TX not CA.? Correct??

 

[loadmaster]

Yes this happened in TX

 

[justalayman]

something isn't making sense. Why would you be charged with this drug testing kit in the other vehicle? What happened to the driver of the other vehicle?

 

[loadmaster]

something isn't making sense. Why would you be charged with this drug testing kit in the other vehicle? What happened to the driver of the other vehicle?

I talked to the other driver when I got out, and he was told they had the right to search his vehicle, which they did. I never said to the cops I had my luggage in the other vehicle, so I figure he must have told them it was mine. After searching his vehicle he was allowed to drive away.

 

[justalayman]

none of this makes sense. Without probable cause or or permission they had no right to search his vehicle. Then, it appears there was nothing that would show the luggage was yours, him driving away makes no sense.



hire a lawyer. There is apparently something about this situation that either you do not know or aren't disclosing. Without that, the actions make no sense.

 

[loadmaster]

none of this makes sense. Without probable cause or or permission they had no right to search his vehicle. Then, it appears there was nothing that would show the luggage was yours, him driving away makes no sense.



hire a lawyer. There is apparently something about this situation that either you do not know or aren't disclosing. Without that, the actions make no sense.

Thats just it, it doesnt make sense. He was told the probable cause was that we were asscociated even though we are driving seperate vehicles, I then assume he gave them permission. I wasnt in the area when this went down so I dont know exactly what transpired. The only facts I have is they searched his vehicle, found some device in my luggage and he drove away. Yea I know I need to hire a lawyer, since I had to post bond myself my funds are tied up in that so I was hoping to get some info. that would get me pointed in some direction. I guess the only direction is getting a lawyer.

 

[dave33]

none of this makes sense. Without probable cause or or permission they had no right to search his vehicle. Then, it appears there was nothing that would show the luggage was yours, him driving away makes no sense.



hire a lawyer. There is apparently something about this situation that either you do not know or aren't disclosing. Without that, the actions make no sense.

It seems as if the officer asked to search and was given permission. The officer saw communication between the o.p. and the other vehicle. I will take a wild guess and say the officer assumed the "other vehicle" was there to distract law enforcement. When he saw the communication he then began to take steps to find evidence and make an arrest. I will bet he thought for sure he was going to find something. If the o.p. did not give permission he may have a case. I am curious to know what he was charged with.

 

[dave33]

Thats just it, it doesnt make sense. He was told the probable cause was that we were asscociated even though we are driving seperate vehicles, I then assume he gave them permission. I wasnt in the area when this went down so I dont know exactly what transpired. The only facts I have is they searched his vehicle, found some device in my luggage and he drove away. Yea I know I need to hire a lawyer, since I had to post bond myself my funds are tied up in that so I was hoping to get some info. that would get me pointed in some direction. I guess the only direction is getting a lawyer.

You need more information, like what obje4ct are you being charged with. Also, how he came to believe the object is yours. Thaen you must decide if you want a plea or a trial.

 

[loadmaster]

It seems as if the officer asked to search and was given permission. The officer saw communication between the o.p. and the other vehicle. I will take a wild guess and say the officer assumed the "other vehicle" was there to distract law enforcement. When he saw the communication he then began to take steps to find evidence and make an arrest. I will bet he thought for sure he was going to find something. If the o.p. did not give permission he may have a case. I am curious to know what he was charged with.

I was charged with possession of a cs >1G<4G and false test falsify device;

 

[dave33]

I was charged with possession of a cs >1G<4G and false test falsify device;

What exactly does that mean? What device?

 

[loadmaster]

You need more information, like what obje4ct are you being charged with. Also, how he came to believe the object is yours. Thaen you must decide if you want a plea or a trial.

I dont know how he came to believe the object was mine, other than the other driver told him it was.

 

[loadmaster]

What exactly does that mean? What device?

I just copied exactly how it is written on the paperwork I was given.

 

[dave33]

I just copied exactly how it is written on the paperwork I was given.

Gotcha, you'll just have to wait and see. After you figure out what's what, than you will diccuss your options with your attorney. goodluck.

 

[TheGeekess]

I was charged with possession of a cs >1G<4G and false test falsify device;

Possession of a controlled substance more than 1 gram, less than 4 grams.
http://law.onecle.com/texas/health/chapter481.html

Texas Health & Safety Code - Section 481.133. Offense: Falsification Of Drug Test Results

Legal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 481.133. Offense: Falsification Of Drug Test Results

§ 481.133. OFFENSE: FALSIFICATION OF DRUG TEST RESULTS. (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use any substance or device designed to falsify drug test results. (b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to falsify drug test results. (c) In this section, "drug test" means a lawfully administered test designed to detect the presence of a controlled substance or marihuana. (d) An offense under Subsection (a) is a Class B misdemeanor. (e) An offense under Subsection (b) is a Class A misdemeanor. Added by Acts 1991, 72nd Leg., ch. 274, § 1, eff. Sept. 1, 1991. Renumbered from V.T.C.A., Health & Safety Code § 481.131 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(17b), eff. Nov. 12, 1991.

Section: Previous 481.126 481.127 481.128 481.129 481.130 481.131 481.132 481.133 481.134 481.135 481.136 481.137 481.138 481.139 481.140 Next

Last modified: August 11, 2007

http://law.onecle.com/texas/health/481.133.00.html