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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110401
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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i was ticketed for possesion of drug paraphrenalia and have

Customer Question

i was ticketed for possesion of drug paraphrenalia and have not gone to an arraignment yet, however i feel that my car was searched without consent (he ask me to step out if the car so that he would not be in danger of getting hit by a car) how do i go about keeping this off of my record and taking care of the citation. this happened in denton county texas by the way. Thank you
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
The officer has a right to ask a driver of a car and passengers to step out of the vehicle, but would have to articulate some probable cause for the search (such as a reasonable articulable belief that there were weapons present). You should have obtained an attorney by this time if you plan on arguing the search of the vehicle to seek a dismissal. If you are able to get the case dismissed based upon the search or the probable cause for the stop, then you could file to get the entire matter expunged from your record.

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