Asked 9/17/2016 – Austin, TX

My son got stopped for a brake light out he went to jail for possession of marijuana. I checked his brake lights and both are working fine. What should he do? And can he fight it because he was wrongfully stopped

Answer

There is a constitutional right against illegal search and seizure by the State. In your son’s case, the State must show there was legitimate reason to stop his vehicle and subsequently perform a search. A motion to suppress should be filed in the case if you are challenging the legality of the stop. Start contact local attorneys.