Second Marijuana Possession Charge This Year

My question involves criminal law for the state of: Texas

Ok, I'll try to make a long story short. First off, back in June my apartment complex changed locks on everyone without notification, this resulted in them finding pets that werent allowed. So they searched my apartment and found marijuana, then they called the cops to continue the search. After I got home from work that day I had to face the music and was evicted that day, also the cops came in and told me to rat on someone, I chose not to. About a month and a half later, the cops were outside my work waiting for me to arrest me for that marijuana charge back in June. My court date has been continually pushed back as random things keep happening (i.e. the death of the judge the day before my hearing) and is scheduled for the end of Nov.

Well I just made everything much worse as I was driving a couple hours back home and was pulled over for an expired inspection (which was an amazing spot by the police officer as we were both going 70mph in opposite directions). He pulled me out and seemed cool, as we chatted. Then he asked if he could search my car because he thought I looked fidgety when he pulled me over. I went against my better judgement and allowed him to search because he said if I was honest he would be cool with me. So before he searched I told him he would find a couple of roaches in the center console. He found those, then promptly put me in hand cuffs and took me to jail (happy veterans day to me!).

So now I have two outstanding possession charges both of which I feel are unjustified (although it goes without saying I am obviously biased).

Did the cops have the right to search on either of these cases?

How bad am I going to get hammered?

Yes, from what you have told us so far, the searches were proper. I don't know what else is on your record so I'm not going to speculate about outcomes. With two charges pending I suggest teaming up with a lawyer and trying to get them, at least, deferred.

I have nothing on my record whatsoever

You were in possession of weed and/or paraphernalia both times. Why are these charges unjustified?

Thank you for your insight Jeff.

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Quoting langaha

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Thank you for your insight Jeff.

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My question was not to be cute.

You said the charges were unjustified. What was the basis of that statement?

I just didn't know if they had the right to enter my apartment without any notice or me being there and start opening drawers without cause (unless having a pet lizard is cause to go through everything). The second one just seemed like the officer was grasping at straws for a reason to search. But you know the law better than me.

The police who entered your apartment did so based on the information provided by your landlord, who was in your apartment legally. Should he have been going through your drawers? I kinda doubt it, especially if he had already found the pet or evidence thereof. Unfortunately his looking somewhere he shouldn't isn't likely to make the MJ the police found disappear. The police probably shouldn't have searched any further than where the landlord found the MJ unless they had a warrant. That's something for your attorney to address.
The second one you did to yourself. You are free to tell the officer you do not consent to a search. Is that the end of it? Not always but since you consented to the search and told him where to find the pot...you're outta luck.

Now the really bad news. It's very likely any officer who pulls you over in the future will learn about your drug arrests when they run you. So you can expect them all to ask if they can search your car cause they know the odds are good that you haven't given up the wacky weed. That's when you say no and see where it goes from there. They may still be able to articulate a reason for a search without consent but you'll deal with that if it happens.


Now for some good news. Quick smokin' the wacky weed and they won't have a reason to hassle you. Problem solved.

Thank you free9man

Thank you free9man

Best case senario the lawyer can get the 1st charge dismissed and maybe the 2nd one dismissed thru diversion or a drug program. Don't care drugs in the car because like the other person said cops might give you a hardier time based on the 2 arrest. See what a lawyer can work out. You might be stuck with a conviction for one of the charges and some probation and or fines.

Thank you for your insight TC498, I appreciate it

Thank you Free9man