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Getting pulled over with marijuana in your car

In Texas, it is illegal to possess marijuana. So, if you have some in your car, you may be understandably distressed if you are pulled over.

What should you do?

Comply with the officer

Follow police officers' instructions when they ask to see your driver's license and registration. It is highly unlikely you were pulled over for anything to do with the marijuana, and if you know why you were pulled over, for example, speeding or an expired car registration, cooperate as much as you can.

Cooperation does not mean you have to admit guilt to whatever got you pulled over. Rather, it means being polite and accepting a ticket if it is handed to you. Do not act combative or nervous.

Keep your answers concise or stay silent

Rambling, nervous answers can tip a police officer off that something more than speeding could be at play. Keep your answers short and to the point, or simply opt to stay silent. 

Do not eat the marijuana

Believe it or not, some people try to eat marijuana if they get pulled over. After all, police officers cannot find marijuana that is in your stomach. However, trying to destroy evidence could land you in even more trouble. It is a felony, in fact, while possession of fewer than 4 ounces of marijuana is a misdemeanor.

Say no to a search

If the police do ask to search your car, you can say no. They then have to get a warrant, although many times, they will just let you go. Again, do not be combative. Say something such as, "I do not give consent for my car to be searched without a warrant."

Stay quiet

If the police officer did get a warrant and find the marijuana, you are still well within your rights to stay silent. The reason the marijuana is in your car does not matter at this point, so do not try to explain. Instead, get in touch with an attorney as soon as possible.

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