The State of Texas v. J.A.M.
May 01, 2014OUTCOME: DISMISSED. After wrangling with the State for nearly three weeks as my client sat in jail, we finally got the outcome we were fighting for.
Officer 1 observed client fail to signal a lane change after picking up his girlfriend from her place of employment. He picked her up in her car around 2245 hours. Officer 1 radios to Officer 2 and Of ... ficer 3, who then initiate a traffic stop. Without asking for proof of insurance or identifying information, Officer 2 forces my client out of the car, while Officer 3 is a little more gentle with the sub-five foot young lady. Over the next two hours, approximately 12 additional officers made the scene. Officers spent so much time searching my client's car, the battery was drained dead. Despite alleging the strong odor of marijuana and all their, officers were unable to locate any illegal substances. Nonetheless, Officers arrested my client on municipal warrants and his girlfriend for failing to wear a seatbelt, and called a wrecker to tow the car. (IT GETS WORSE). The wrecker had just pulled away and then a K9 Unit arrives, so officers tell the wrecker to return for yet another search. K9 Officer and K9 walk around the car checking for marijuana, but K9 smells and senses nothing. Mind you, Officer 1 and Officer 2 stated smelling a strong odor of marijuana. K9 is then placed in the car, and finds a positive hit for marijuana in the trunk of the car. Car is a sedan with your typical enclosed trunk, i.e. not a hatchback; back seats were not lying down. Marijuana was in a sandwich bag, within a sandwich bag, hidden between the carpet trunk liner and the wheel well, driver's side.
