Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Drugs and Search of the Car

In a case out of Dallas, the Texas Appellate Court reviewed a case where following the defendant's refusal of consent to a vehicle search, the officer had reasonable suspicion to detain the defendant pending a dog sniff, given the officer's observations of two air fresheners and a can of Febreeze and the defendant's body language indicating, the officer's view, deceptions.  "When the officer returned to where the defendant was standing and asked for consent to search the vehicle, the defendant turned and looked at his vehicle and turned back and 'kind of hesitated' before refusing consent to search.

As the defendant hesitated, the officer saw his face begin to twitch, and after refusing consent, the defendant shuffled his feet and walked back and forth with his arms crossed, indicating he was being deceptive."  Also, the defendant told the officer, he "had been in trouble before in some other stuff" but did not elaborate and told the officer he could "look it up."

The defendant's constitution rights were challenged on appeal as being violated, so that the evidence of the drugs could potentially be ruled as inadmissable and the case dismissed.

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions