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Narcotics
searches
divisive
Privacy, enforcing
laws are debated
By Jeremy Schwartz
Drug interdiction officers searching area highways for drugs and drug money
can't pull a driver over without a traffic violation, or the case could
easily be thrown out of court.
Fortunately for agents, almost everyone on the highway is committing a
violation of some kind, such as a broken license plate light, overly tinted
windows or not wearing a seatbelt.
Law enforcement officials say the searches are necessary to control the flow
of drugs and drug money on our highways. But several lawyers and critics see
them as an attack on motorists' privacy.
Gerald Rogencq, a Corpus Christi attorney who has represented numerous
clients in search and seizure cases, advises people to never give officers
permission to search their cars.
"When they ask for consent to search, they're really just fishing," Rogen
said.
Often, drug interdiction officers will use a traffic stop to question
motorists in an attempt to discover foul play.
"You have no duty to answer any of those questions," Rogen said. "If you're
not under arrest you don't have to answer any questions."
Jim Wells County Sgt. Ray Escamilla Jr. and other officers said only a
small fraction of motorists refuse the search, although such a search is
strictly voluntary unless an officer has probable cause.
"Just stopping you for a violation doesn't give probable cause to search,"
said Corpus Christi attorney Rene Rodriguez.
What gives probable cause is the officer's reasonable conclusion, based on
the circumstances and the officer's training and experience, that criminal
activity is taking place or about to take place.
A drug sniffing dog can also give probable cause if it alerts to part of the
vehicle.
Should a motorist deny permission to search, officers can detain the driver
if they have reasonable suspicion, a legal term that requires less evidence
but does not allow a search. The officer can use that time to question the
motorist, but if no probable cause is found, must allow the driver to
continue on.
Contact Jeremy Schwartz at 886-3618 or schwartzj@caller.com
November 21,
2001
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