FREE CONSULTATION - CALL: 512-369-3737
  • 6 Aug 2012

A vehicle was stopped in Fayette County earlier this week containing about five kilos of cocaine. In case you’re wondering, that’s 11 pounds of the substance. The car was stopped on Interstate 10 based upon an alleged traffic violation, the specifics of which were not detailed in the report we read. The stop was made by the County Sheriff’s Narcotics Canine Unit, and according to the article, a police dog sniffed for drugs after the driver agreed that they could search his car. The dog apparently zeroed in on the battery under the hood, and after dismantling it, the police found the cocaine, which has a street value of $175,000. The driver was then arrested.

We thought our readers might be interested in some of the rather ingenious hiding places for drugs that have been in the news in the past. They include:

  • Cocaine found in a backseat headrest in New Mexico;
  • A secret compartment behind the air conditioning ducts which required flipping two switches in order to reveal the hiding place (California);
  • A false bottom in a trunk compartment (Texas);
  • A gas tank which was shortened to accommodate 200 pounds of hashish (California- Mexico border);
  • Upholstery stuffing removed and replaced with drugs; and
  • Drugs inserted into the hollow space behind car headlights.

While this makes interesting reading, for those of us who are criminal defense attorneys, the recent article from Fayette leads us to think about defenses to drug charges in similar situations. Here are some of the issues we see.

  • First, the entire series of events leading to the arrest began with a motor vehicle stop. If the stop was illegal, that is, not based upon reasonable suspicion, any evidence turned up as a result of the stop may be inadmissible in court. That would include, in this case, the cocaine itself.
  • Second, the article indicates that the driver consented to the search. If the police ask you for consent to a search, that’s usually a pretty good indication that (a) they need your consent, or (b) if you refuse the request, they’ll have to go through one or more hoops in order to attempt to validate a search. In either event, there’s no requirement that you consent to a warrantless search.
  • Third, the dog supposedly located the cocaine in the vehicle. Without more, however, we don’t know if this dog was trained to sniff out any drug, let alone cocaine. Believe it or not, the credentials of the dog are highly relevant to the validity of the search. Of course, if the driver’s consent in the Fayette case is upheld, this defense would likely be unavailable.

The bottom line is that what may look like an open and shut case may contain a multitude of defenses can be raised, and raised successfully. If you have been charged with a drug crime, contact an experienced Austin criminal lawyer to protect your interests.

Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737

Legal Notice

This Website is meant for marketing purposes only. The website and communications through it do not constitute a client-attorney relationship. David White is a criminal defense attorney with offices in Austin Texas. David defends clients throughout Austin and the surrounding areas.

Law Office of David D. White, PLLC
608 W. 12TH ST.
Austin, TX 78701
(512) 369-3737
Click Here for Directions
s