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Does anyone know the case that authorizes this?

Officer makes a good stop and has D out of the car. He asks whether D has anything on him the officer should know about. D says he has marijuana in his pocket. Officer doesn't ask for or receive consent to search. Officer does not arrest D. Officer just reaches into D's pocket and grabs the bag of weed. No objective basis to believe D has weapons.

Obviously, the officer has pc to arrest and could then search. I don't think it's unreasonable to search without arresting, but can't find the case that says so. Anyone?
 
Posts: 31 | Location: Bonham, Fannin County, Texas | Registered: August 22, 2008Reply With QuoteReport This Post
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It's irrelevant whether he was actually arrested before or after the search, as long as the PC to justify the arrest was present before the search. State v. Ballard, 987 S.W.2d 889, 892(Tex. Crim. App. 1999).
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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Thanks. That'll do nicely.
 
Posts: 31 | Location: Bonham, Fannin County, Texas | Registered: August 22, 2008Reply With QuoteReport This Post
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