In our last blog entry , we outlined the RIGHT way to handle a Texas police stop . Now, let us discuss the wrong way to handle a police stop with the aid of the following video:
I cannot begin to tell you the number of things that these individuals did wrong on the video. Sadly, this is the norm for many of my clients, not the rule. Imagine being a student and having your federal college loans revoked because of a misdemeanor possession of marijuana charge ? Do you think the police magically obtain the evidence against you ? No, people empower the police by essentially waiving their constitutional rights.
People do not understand that if they can be charged with possession if an illegal item is found in their vehicle that does not belong to them .
Remember a basic common rule:
ILLEGAL ITEM + CONSENT = ARREST
In the video above, the teenagers committed several cardinal sins.
First, they acted nervously and the police seized on their fears.
Second, they would not shut up! They just kept talking and answering questions. Remember that being silent is a simple and direct way to assert your right to remain silent. This is a cardinal rule that is especially prevalent on San Antonio DWI Defense cases – the driver just keeps talking and talking , digging himself a deeper and deeper hole !
Third, the individuals consented to the search of their vehicle! Why would anyone in their right mind ever do such a thing ?
Fourth, the teenagers got tricked. They cowered under the police threat and gave in. Rather they should have recognized the police tactics for what they were – a hollow, empty means to intimidate them to forsake their constitutional rights !
If you have been charged with a Bexar County misdemeanor / felony, and you need a San Antonio criminal defense lawyer , then do not hesitate! In the meantime, make life easier for yourself and your criminal defense attorney by holding on to your right to remain silent and refuse consent on any searches.
UPDATE: Please read about this new Supreme Court Case on the right to remain SILENT and what you must do to protect it.