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re: Per SI - Texas A&M WR Ainias Smith Arrested on Gun, Drug Charges

Posted on 7/20/22 at 11:35 am to
Posted by Krampus
Member since Nov 2018
5207 posts
Posted on 7/20/22 at 11:35 am to
quote:

If the dude was drunk or the car smelled like weed, that's all the reason they need to search the car.


Exactly. If the police want to search the car, they have to have a reason. Administering a field sobriety test and using officer discretion to determine they failed it, gives them the ability to search the car.

Meaning if cops want to search a car, they'll give a field test.

Which is why I want to know the results of the breathalyzer, assuming one was administered. Cops can lie, but BAC doesn't. If he blew under .08, then that tells me the car search was bullshite to begin with.
Posted by SlicedBread
Member since Feb 2022
895 posts
Posted on 7/20/22 at 11:37 am to
Or, and hear me out here, the car smelled like weed, which makes a breathalyzer result irrelevant for PC to search the car.

Don't quit your day job, if you have one.
Posted by Hugh McElroy
Member since Sep 2013
17764 posts
Posted on 7/20/22 at 11:37 am to
quote:

At approximately 2 a.m. Wednesday, Smith was pulled over by University Police while driving 51 mph in a 35-mph zone on University Drive. He also was drifting from left to right in his lane, according to the probable cause statement. Smith after failing several physical intoxication tests was arrested and consented to a breathalyzer test, which came back with .066 and .061 readings, according to the probable cause statement. The legal limit in the state of Texas is .08.

While Smith was being tested, another police officer searched Smith's vehicle and found a joint containing marijuana that weighed .029 oz. and a handgun in the center console with a full magazine and a round chambered, according to the police documents.


I'm just highlighting the facts, for the 2 or 3 people who care about them.
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