Arrest, Search, Seizure, Warrant Refused consent to search...

[iplaymexicanmus]

On Oct 1st 2003 my vehicle (truck) was pulled over for a bracket over my license plate that partially covered the name of Texas. According to the DPS officer a law had just been passed but not enacted on the subject of license plate brackets. It had been passed in Sept of 2003..but would not go into effect until DEC 2003...I was pulled over for it in Oct 2003. After interviewing me and my passenger...the Officer asked why my passenger said we were going somewhere different than what I had stated. I stated I had no Idea why.
He explained he was going to write a warning ticket (because the law wasnt in effect yet).
He then asked if i had any contra band or narcotics in the vehicle and I said no.
He asked if he could search my vehicle and I replied "no you may not".
Baffled by my response he got a little bit offensive and asked why....I responed that
He was a black officer who pulled over two hispanisc males and automatically assumed thier was contraband in the vehicle...I told the officer that was considered profiling and that was illegal. He then stated he was going to call the narcotic dogs.
4 hours later the narcotics dog arrived....somewhere between the 4 hours I asked if I was under arrest and when I was going to able to leave....no one ever gave me direct answers...they just said..."just be patient...the dog will be here at any moment"
The narcotics dog jumped through my window and found 20lbs of marijuana in a bundle that I had in the Back seat.


My question is were my 4th amendment rights violated?
Did they have justification in pulling me over in the first place if the law wasnt even in effect yet?
I have a court appointed lawyer who I feel is very incompetent...I have decided to do my own research. I have no money to be able to afford a real defense.
I was transporting the pot for my Cousin who has since died of lukemia....IT WAS NOT FOR FINANCIAL GAIN. I have lost everthing in this arrest...my finances from being in jail for a month...my truck.....my credit....job of 10 years. However I hope that if i ever become sick the way my cousin was i should hope someone comes through for me too.

I was pulled over in Victoria County, TX on route to Houston TX where my cousin resides.
Victoria county Prosecuters are not offering probation on this offense..they want me to go to prison. THIS IS MY FIRST OFFENSE IN MY LIFE. I feel they are being very unreasonable.
Can somebody please assist me.
thank you

 

[cmlzip]

I'm curious if they had the right to pull you over as well. Can anyone help with this question. Seems like the police had no right to pull them over if the law was, in fact, not in effect yet.

 

[NYClex]

Hm, that scenario surely raises a couple of questions you should discuss with your attorney.

First of all, a traffic stop needs a legal basis, which might be doubtful here if this law actually had not been enacted yet. But one would have to look at the exact citation and circumstances.

Next the police officers would need a reasonable suspicion of criminal activity. The courts evaluate this under view of the total circumstances of a case.

Finally there is some doubt about the length of time it took to get the dog there. 4 hours seems excessive to me, but a court might see it as justifiable under rural conditions. Nevertheless, your attorney definitely should research some case law as to the point when a traffic stop detention becomes unreasonably long so that 4th amendment concerns are raised. There are quite a handful of cases concerning this topic. Again, there is no clear cut formula, the courts view the total circumstances of a case.

Some cases to look at:
Collier v. State, 843 S.W.2d 176, 177
Ussery v. State, 651 S.W.2d 767, 770
Lopez v. State, 663 S.W.2d 587, 589
Anderson v. State, 787 S.W.2d 221, 229