On January 5th, the Houston Chronicle reported that two people in Houston were arrested for possession of several controlled substances, including methamphetamine, marijuana and Xanax.
The facts, according to police, were that law enforcement pulled over a car going some 20 miles per hour over the speed limit per the police speed gun. When the police officer approached the driver, he smelled marijuana through the door. A second unit was called to the scene, and both passengers were ordered out of the car.
Police seized almost a kilogram of methamphetamine and about a pound of marijuana was discovered in the trunk of the car.
Probable Cause to Search for Drugs
When considering possible defenses in this case and similar drug offense cases, a lawyer must begin with legality of the search. Was the search legal?
In the case above, yes – if police can prove that the car was speeding and they smelled marijuana. The speeding car provides a legal basis for police to stop the vehicle. Smelling marijuana gives the police probable cause to search the car.
However, in other cases, police can’t establish probable cause for searching an individual, which would invalidate the charge. This is one of the most common and powerful defenses against a drug charge.
So if probable cause can be proved, why would the defendant hire a lawyer in such a hopeless situation? Stay tuned for the next blog.
In the meantime, contact Houston drug offense attorney Neal Davis if you’ve been charged with a drug crime and wish to dispute law enforcement’s legal basis for stopping you. The Neal Davis Law Firm has decades of experience protecting the rights of our clients and we can ensure the best possible outcome in your case.