April 18, 2016
What can an officer do if he says he smells marijuana in my car? Unfornatelly in Texas the law says that if an officer can articulate that he smells the owner of either fresh marijuana or burning marijuana, that's just improbable cause to blame that you may had it in your possesion or in your vehicle. So he has the right to search not only your vehicle but also to do a pat down on you. Your protected from a more intensive search on your body, but if he can articulate that he has the smell of drugs or alcohol, he can do one of two things.
April 4, 2016
Possession of marijuana is no longer a criminal offense in some states and jurisdictions. While the fight for decriminalization of marijuana is widening, Texas continues to consider possession of marijuana as a criminal offense, with strict penalties for prosecution. Unfortunately, with the changing laws related to marijuana use and possession, and inconsistency between state laws, it can be confusing to understand your rights, possible penalties you could face if criminally charged, and what defenses...
April 27, 2011
I just loaded a page to this site describing what I call the "Three Document Rule." Essentially, if you are stopped by the police and they start asking you questions you should ask yourself if the answer to those questions can be found on the three documents they are legally permitted to demand from you on a car stop. The police are allowed to ask you for your driver's license, registration, and insurance card.
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