CHAPPELL, LANEHART & STANGL

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Texas Marijuana Possession and Felony THC Case Dismissed

Chuck Lanehart’s client was very happy to hear from him today. Not only was the client’s misdemeanor possession of marijuana case dismissed, the client’s felony possession of THC was rejected by the prosecutor.

Pulled Over in Panhandle, Caught with Cannabis

Several months ago, the client was driving through a rural South Plains county, moving from Colorado to his parent’s home in South Texas. A DPS trooper noticed his vehicle had Colorado plates, so he followed the vehicle for some time. The trooper stopped the vehicle because he said he noticed the vehicle’s right wheels crossed the solid white “fog line” on the right side of the roadway, a traffic violation. The trooper searched the vehicle and found marijuana and THC.

No Probable Cause for Search and Seizure

However, a close review of the trooper’s in-car video showed the client’s wheels only touched the fog line and never crossed the line. This is not a traffic violation, so the officer had no reasonable suspicion to stop the vehicle. A search and seizure which is the result of an illegal detention violates a person’s Fourth Amendment right to be free from unreasonable searches and seizures, and all evidence obtained from such an illegal detention must be excluded. Chuck presented a legal brief to the prosecutor, which resulted in a dismissal of the case.

The 24-year-old client will soon be eligible for an expunction to wipe out his criminal arrest record

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