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What distance from a school is considered a drug free zone?

What distance from a...

What distance from a school is considered a drug free zone ?

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What distance from a school is considered a drug free zone in texas

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Yes-- do they have to prove intent in the school zone?-- what if the police pulled someone over IN the school zone on purpose-- for no traffic related problem-- just because they know the person and wanted the offense to be upgraded?

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Answered in 5 minutes by:
3/22/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,821
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 4 months ago
Thanks

Per Texas' Health and Safety Law, Section 481,134, a drug free zone is defined as:

(1) in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or

(2) in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility.

As for the intent:

Police need an articulable suspicion to pull a car over. That's something more than a hunch. From there they would need probable cause to search the car, unless drugs were in plain view.

If the stop and the basis for the search were pretextual -- your hypothetical where there was no reason at all to stop this car and the police were just looking to boost their arrest stats -- the defendant would be able to challenge the constitutionality of the search and seizure at a special pre-trial hearing. If the police were found to have overstepped their authority in violation of the defendant's civil rights under the 4th Amendment, the evidence seized would have to be suppressed. Without the drugs, there could be no drug case and the matter would have to be dismissed.

Zoey, JD
Zoey, JD, Attorney
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Customer reply replied 4 months ago
I appreciate your quick response and the 1000 feet answers my main question. My son has a long history with the local police but had been doing very well. I will use this service again and do a phone call next time, but need to speak with him-- in county jail -- and that takes a while. Again thank you!

You're very welcome.

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