Traffic Stops and Drug Cases in Harris County, TX: What You Need to Know

Bear in mind that most traffic stops begin as temporary “detentions”, and the person subject to the traffic stop is not under arrest. However, things can happen during a traffic stop that can cause the “detention” to become an arrest. For instance, if you are pulled over on a traffic stop in Harris County and the officer sees contraband (i.e. drugs or weapons) in “plain view” the officer may have probable cause to arrest you if the criminality of the contraband is “readily apparent.”

Keeping all this in mind, one must be mindful of his/her rights during a traffic stop. For example, if you get pulled over on a traffic stop on Fannin Street in Houston, Harris County, what can the officer do? If the officer takes certain actions, absent probable cause, is that a violation of your rights? What is deemed a violation could depend on why the officer took the particular action in question.

For instance, during a traffic stop in Harris County an offer may smell an odor coming from your person or the passenger cabin of your vehicle. If so, what actions, if any, does that permit the officer to take? Can the officer search you? Can the officer search your vehicle?

In a drug case, for example, what would allow an officer access to your vehicle? Let’s go back to our traffic stop in Harris County. The typical scenario most citizens find themselves in is a traffic stop for speeding or some other traffic violation. Once the officer has you stopped what can he do? Can the officer immediately search your vehicle?

The short answer is: No. In order for the officer to search your vehicle, the officer would need to establish further probable cause to do so. In other words, the officer would need to see contraband in plain view or smell an odor coming from your vehicle. If the officer saw contraband in plain view (i.e. saw a baggie with white residue on the floor of your vehicle) then the officer may have probable cause to search your vehicle for narcotics.

However, if there is no further “evidence of criminal activity” the officer will be required to let you leave once the traffic stop has been concluded.

Barring any further evidence of criminal activity during a lawful traffic stop the officer may perform the following activities:

1. Ask the driver and/or passenger to exit the vehicle.
2. Run a warrant check on the driver and/or passenger.
3. Obtain ownership, insurance, registration, etc. on the vehicle.
4. Detain the driver while the officer writes/issues the driver a ticket.
5. Ask for consent to search the vehicle.
6. Ask the driver questions about his/her condition and facts related to the traffic stop.

Needless to say, this list is not necessarily exhaustive but is merely provided to give you an idea of the limitations placed on officers during lawful traffic stops. Suffice it to say, that while officers have plenty of tools at their disposal, the citizenry is also protected by restrictions placed on Police Officers.