Lecture Notes: Vehicle Search and Probable Cause

Introduction

• The incident involves Joe, who purchased a pre-owned car with expired registration.
• In Texas, there is a 5-day grace period to register a vehicle with expired tags.
• Joe was stopped by Officer Thompson from the Florence Police Department on the day he purchased the vehicle.

Initial Interaction

• Joe throws his keys out the window; Officer Thompson reacts.
• Officer asks Joe for his driver's license.
• Officer calls in Joe's license details to dispatch.

Officer's Approach

• Officer Thompson claims to be a "chill cop."
• States the stop was due to expired registration.
• Mentions he does not care about minor possession of weed if honest.

Search Consent and Probable Cause

• Officer asks about weapons and drugs; passenger admits to having a vape pen.
• Officer plans to search the car; Joe protests.
• Joe states he does not consent to the search; Officer claims probable cause based on alleged drugs.

Legal Issues and Officer's Actions

• Officer Thompson refers to bullets seen in the car but admits they do not provide probable cause.
• Claims vape pen as probable cause despite its legality.
• Passenger claims ownership of the vape pen, which is non-psychoactive and legal.

Escalation

• Officer Thompson uses forceful language and detains the driver.
• Backup arrives; Officer Thompson explains his actions.
• Officer exaggerates the situation to backup.

Resolution

• Nothing illegal is found during the vehicle search.
• Officer writes tickets for expired registration and drug paraphernalia possession.
• Joe is released, threatened with a felony charge for the vape pen.

Legal Proceedings

• Joe's case goes to pre-trial over expired registration and possession charges.
• Joe maintains possession of a bill of sale and proper registration.
• The THCA device was claimed by the passenger.

Conclusion

• Joe's case status is unknown; attempts to contact him were unsuccessful.
• The legality and handling of the situation by Officer Thompson are questioned.
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