Driver is driving on vacation with his girlfriend. He is speeding and he gets stopped.Police officer asks for credentials, and says "what im going to do is right you a warning and ill be right back". Comes back asks driver to step out vehicle and askes him about an a Paraphanelia Ticket, which to drivers knowledge was dismissed. BEfore driver has the oppurtunity to tell them about it, he askes to search vehicle! (STOP)
Question #1: is asking for a search valid, if no reasonble suspicion arose from the vehicle at all?
Question #2: Is the apparently dismissed(deferred disposition) ticket reasonble suspicion or probable cause for a valid search?
Question# 3: Do i have the right to refuse?
Driver tells him No, and that iit is his girlfriends vehicle. The officer replies with, if you dont let me search, we will bring K9 out and tear up vehicle. Driver replies. "you gotta ask her".
Officer walk to vehicle to talk to passenger(girlfriend).
officer: is this your car
passenger: yeah, i just got it.
Officer: can i search it
passenger:why do you feel the need to search?
officer: driver has a prior ticket for paraphenalia(remember deferred disposition).
passenger: well do i have a choice
officer: no! either i will search it or i bring the dog to tear it up
BIG QUESTION #4: Why does the past ticket even matter if driver had the ticket Ajudicated, for what ever reason it may be?
BIG QUESTION #5: if officer had no suspcion between time he walk up to car and before he checked TExas ID, why did he still feel the need to violate persons in car?
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Some of this might seem redundant but i need as much help as possible. If you can send me book references and law references?
THIS CASE IS REAL! MY MAIN FOCUS IS: CAN THIS CASE BE DROPPED DUE TO AN INVALID SEARCH
Question #1: is asking for a search valid, if no reasonble suspicion arose from the vehicle at all?
Question #2: Is the apparently dismissed(deferred disposition) ticket reasonble suspicion or probable cause for a valid search?
Question# 3: Do i have the right to refuse?
Driver tells him No, and that iit is his girlfriends vehicle. The officer replies with, if you dont let me search, we will bring K9 out and tear up vehicle. Driver replies. "you gotta ask her".
Officer walk to vehicle to talk to passenger(girlfriend).
officer: is this your car
passenger: yeah, i just got it.
Officer: can i search it
passenger:why do you feel the need to search?
officer: driver has a prior ticket for paraphenalia(remember deferred disposition).
passenger: well do i have a choice
officer: no! either i will search it or i bring the dog to tear it up
BIG QUESTION #4: Why does the past ticket even matter if driver had the ticket Ajudicated, for what ever reason it may be?
BIG QUESTION #5: if officer had no suspcion between time he walk up to car and before he checked TExas ID, why did he still feel the need to violate persons in car?
\
Some of this might seem redundant but i need as much help as possible. If you can send me book references and law references?
THIS CASE IS REAL! MY MAIN FOCUS IS: CAN THIS CASE BE DROPPED DUE TO AN INVALID SEARCH