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  • 9 Nov 2012

Two routine traffic stops last week, one in Williamson County and the other in Fayette County, have led to the seizure of large quantities of methamphetamine and marijuana.

In the Williamson County case, police say they stopped a Chevrolet Tahoe for speeding and defective lights. The driver apparently had no license, and after initially indicating to the officers that there were no drugs in the vehicle, he eventually consented to a search and told the officers that there were drugs in the back seat. Two duffel bags were seized. One contained what is suspected to be 91 pounds of crystal methamphetamine; in the other, there was a “brick” of marijuana weighing approximately 28 pounds. The driver was arrested and charged with drug trafficking under federal law. The estimate of the value of the drugs seized is in excess of $1 million.

A similar situation arose in Fayette County, where the police stopped a Ford pickup truck for unspecified “traffic violations.” Police say the occupants indicated they were en route from Houston to Mexico, but told conflicting stories about what they were doing. As in the Williamson County case, police say the driver consented to have the vehicle searched. It was placed on a lift at the station, and police noticed that the liquid in one of the diesel fuel tanks, some of which had dripped onto the pants leg of one of the officers, appeared “suspicious.” But since the liquid could not be identified, they released both the driver and the vehicle. Sometime later, the substance on the officer’s pants was examined, and it tested positive for methamphetamine. The vehicle was located, and the driver and his passenger were arrested and charged with possession of a controlled substance, although we expect there may be additional charges filed.

Both these cases originated with a traffic stop. In one case the basis for the stop was revealed, and in the other it was not. Remember that law enforcement does not have the right to stop a vehicle based on a whim, a hunch, or factors such as race, ethnicity and the like. In each case, they must establish reasonable suspicion that an offense (including, for example, a traffic violation) has taken place, or is in the process of taking place. In the absence of reasonable suspicion, the stop may be illegal, and this may in turn provide the basis for the exclusion of any evidence at trial that emanated from the search.

If you have been charged with a drug offense, contact an experienced Austin drug crimes lawyer today.

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

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(512) 369-3737
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