Police angered by 16 yr old who refused search, gave him citation for "Possession of tobacco" prod but have NO evidence.

Asked over 1 year ago - Spring, TX

After receiving a call, police stopped my 16 yr old and 5 other teens while walking. Police asked to search teens, all but my son gave permission for search. They found marijuana on one of the teens (not my son). Only my son was handcuffed and put in the vehicle because (in their words) "he didn't show respect" They claimed he had tobacco product but avoided showing me evidence until I demanded to see it, at which point they claimed they found bits of tobacco in his pocket but the bits flew away in the wind!
The officer, while searching my son, threatened him saying he would see him in a 'yellow jumpsuit in juvi' he said he was sure there were seeds in a folded receipt and was disappointed to find nothing, my son also saw him start to type 'mariju' on his report and then change it.

Additional information

Prior to the constable who searched and cited my son, there was another officer who respected my sons request not to be searched, he simply asked if my son had anything he could be 'stuck with,' at which point my son took out a legal knife and handed it to officer (who later gave it back) My son also gave him other contents of his pockets and the officer then told him he was free to call his parents to pick him up, when my son asked him 'why not just let us leave? why call parents if I'm not guilty of anything?" the second officer said, "Because I said so!" My son was respectful at all times prior to that statement, he then calmly said, "That makes you a power hungry bully" That's when the other officer grabbed him, pushed him against the police car and cuffed and searched him. Can he be found guilty without anyone seeing him smoke or any evidence?

Attorney answers (2)

  1. James D. Roark

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . Based solely on this account (the officers might have another story), I do not see his case going anywhere. As pointed out, they have no evidence regarding the charge, and if there were, a motion to suppress would definitely be in order. I'd hate to see a kid take a plea on a case like this. It is going to effect his ability to keep (or obtain) a driver's licence. Feel free to call.

  2. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . This sounds interesting. You need to consult with an attorney about your son's constitutional rights and filing a motion to suppress.

    Sincerely,

    Erick Plaltten

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