How to Avoid Trouble With Police When Pulled Over
Dallas criminal defense lawyer Michael Lowe discusses drug investigations conducted by state troopers on Texas highways and the five main topics including: Top Traffic Violations, Legal Scope of a State Trooper, Techniques Used by State Troopers and his 20 years of experience both as a prosecutor and as a defense lawyer.
The purpose of this video is not to assist anyone conducting unlawful activity, whether it be a violation of state, Texas law, or a violation of federal law. It is not my intention to assist anyone breaking the law. And if you are breaking the law, you should not break the law in the State of Texas.
Common Traffic Violations
Before the state trooper can pull a vehicle over, the state trooper must first establish probable cause, and probable cause is defined as any violation of the law. And typically, state troopers are going to rely on traffic violations, and in Texas, there's thousands of traffic violations. Today, I just want to discuss my top-five list of the most common traffic violations that state troopers will look for in order to establish probable cause against the drivers of vehicles whom they've predetermined that they want to conduct a drug investigation against.
1. Following Too Closely
2. Driving in the Passing Lane
3. Driving Over the Fog Line or Driving onto the Shoulder
4. Speeding
5. Changing lanes without signaling
Pretext Reasons: the reasons why state troopers will identify certain vehicles to conduct drug investigations against the drivers of those vehicles.
1. Out of State Plates
2. Rental Vehicles
3. Young Driver
4. Vehicles Traveling in Groups
5. Large Vehicles with a lot of luggage
Limiting the Scope of Investigation: The rights of the state trooper.
1. Driver's License
2. Valid Insurance
3. Vehicle Registration
4. Check the Occupants for Warrants
5. Traffic Violation
Goals of the State Troopers
Once the state trooper has established probable cause to stop a vehicle and the state trooper has also determined that they want to conduct a narcotics investigation or a drug investigation on the side of the highway, the state trooper will have certain goals in mind that they want to accomplish in order to further their investigation. And in order to accomplish their goals, they know that they must consequently try to take away some of your rights so that they can further their goals. There are different goals that a state trooper may have when they're conducting an investigation. This is a checklist that the state trooper is going to go down in order.
1. Consent to Search
2. Probable Cause to Search
3. Use a Drug Dog to Gain Probable Cause
Why State Troopers Extend the Scope of the Investigation
Rodriguez says that they can extend the scope of the investigation for the drug dog to get to the scene if they first establish reasonable suspicion that a crime has been committed or is about to be committed. And in order to establish reasonable suspicion, they must be able to come to court and articulate certain facts that can establish a crime having been committed or about to be committed. And those are articulable facts as they're known in the case law are established through certain techniques that these troopers are trained to elicit from the driver or passengers of the vehicles they're investigating.
Techniques Used by State Troopers
So what happens if the driver of the vehicle doesn't give consent to search and there's not probable cause for the state trooper to search the vehicle but the state trooper nevertheless wishes to search the vehicle? Well, the state trooper is trained to use certain techniques to establish reasonable suspicions so that they can extend the detention for a sufficient amount of time for the drug dog to get there and hit on the vehicle to establish probable cause to search the vehicle. Here are a list of techniques that I've seen the state trooper use in order to establish the facts that are needed to extend the detention.
1. Incoherent Story
2. Inconsistent Story
3. Luggage
4. Rental Issues
5. Criminal History
Tips When Dealing With State Troopers
Finally, I want to talk to you about some of the techniques that you can use to prevent the trooper from taking your rights away from you as you're traveling through the State of Texas on your way. I'm going to give you my top five techniques.
1. Limit Your Conversation
2. Don't Answer Questions About Your Criminal History
3. Don't Smell Suspicious
4. Don't Be Under the Influence
5. Make Sure All Renter's Paperwork is Accurate
6. Never Give Consent to Search Your Vehicle
For more information visit our website or contact us below: http://www.dallasjustice.com/avoid-tr...
Law Offices of Michael Lowe
700 N. Pearl Street
Suite 2170
Dallas, Texas 75201
214-526-1900
http://www.dallasjustice.com
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