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Protecting your right against unreasonable search and seizure

BRAZOS LEGAL

By Rick Davis, Attorney

Police - Searching with Flashlight

Imagine a scenario where you are driving in your car late at night. Unbeknownst to you, you have a taillight out. A police officer pulls you over for the traffic violation of having a broken taillight. Naturally you are nervous during this encounter, as most people are when stopped by police. Nevertheless, you produce your valid driver’s license and vehicle registration without incident. The officer however claims that you’re nervous behavior is suspicious and asks you to step out of the vehicle.

In doing so, the officer pats you down for his own safety, and he feels a small object in your pants pocket. The officer reaches in to grab the object, which turns out to be a small baggie containing illegal drugs. You are placed under arrest and charged with drug possession.

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