Kahn Law Firm, P.C.

Many people these days are scared when they see red and blue lights behind them. Whether or not you’ve done anything wrong, the fact is that being pulled over and interacting with law enforcement makes you more likely to be criminalized by the police.

The balance between individual rights and public safety is challenging, and police are in a position of power, which can often cause tension when interacting with the public. This tension often becomes apparent when people are pulled over and the police want to search their car. Understanding the legal framework surrounding this issue is crucial to ensure individuals know their rights and how to protect them.

What Does the Constitution Allow Police to Search?

The Fourth Amendment of the United States Constitution protects individuals against unreasonable searches and seizures. It states that people have the right to be secure in their persons, houses, papers, and effects unless a warrant is issued upon probable cause. However, there are exceptions to this general rule, and vehicle searches fall within one of those exceptions.

If You’re Arrested

The “search incident to arrest” is one exception to the warrant requirement. When a person is lawfully arrested, police officers have the authority to search the arrestee and the area within their immediate control to ensure officer safety and prevent the destruction of evidence. This includes the passenger compartment of a vehicle if the arrestee is within reaching distance of the vehicle during the arrest or if there is reason to believe that evidence of the offense for which the arrest was made may be found inside the vehicle.

If They Find Probable Cause

Another exception to the warrant requirement is the presence of probable cause. Probable cause is a reasonable belief, based on facts and circumstances, that a crime has been committed or is about to be committed.

It is important to note that the probable cause standard requires more than mere suspicion; sufficient facts and circumstances must support it. If you are convicted of a crime because of a warrantless search, contacting an experienced criminal defense attorney as soon as possible is vital.

If You Consent to the Search

Police officers can search a vehicle without a warrant if the driver voluntarily consents. The consent must be given freely and voluntarily, without coercion or duress. Individuals must understand that they have the right to refuse consent to a search, and doing so does not imply guilt or provide grounds for a search.

If There Are Emergency Circumstances

Situations that require immediate action to prevent imminent danger or the destruction of evidence are called exigent circumstances. Examples include a weapon in plain view inside the vehicle, broken glass suggesting the car may have been stolen, or the smell of illegal substances. In such situations, police officers may search a vehicle without a warrant to address the immediate threat or prevent the loss of evidence.

If Your Car Is Impounded

Law enforcement agencies can conduct inventory searches of impounded vehicles to create a record of the vehicle’s contents, protect the owner’s property, and guard against false claims of theft or damage. Inventory searches must be conducted in good faith and not used as a pretext for a general exploratory search.

What Do I Do If Police Want To Search My Vehicle?

If you are in a situation where law enforcement wants to search your vehicle, follow these essential steps:

Understand the Circumstances

Familiarize yourself with the exceptions to the warrant requirement today to ensure you’re prepared for this situation. Once you’ve been pulled over, ask the officers questions if you need help understanding the reason for the stop so you may remain in control of the situation.

Know Your Rights

You have the right to refuse consent to a search if you do not wish to grant permission. However, clearly and calmly communicating your refusal is essential to protect yourself and avoid escalating a tense situation.

Stay Calm

It is crucial to remain calm and respectful when interacting with law enforcement officers. Cooperate with their lawful commands as much as possible while asserting your rights. Remember that you may need to show respect even if it is not shown to you, which won’t feel natural or fair.

Document Everything

Document the details of the incident, especially if you feel your rights were violated. Collect information such as the time, location, officers involved, and contact information of any witnesses present. This information may be vital in proving what happened if you need to challenge the legality of the search later.

Seek Legal Advice

If you believe your rights were violated, consult a qualified attorney specializing in criminal law. They can provide guidance based on the specific facts of your case and fight for your side of the story to be represented fairly in court.

Know Your Rights, We Have Your Back

Police officers can search a car without a warrant, but it is vital that everyone understands their rights and is aware of the limits imposed on these exceptions. Being informed empowers individuals to exercise their rights effectively and ensures that law enforcement actions remain within the boundaries of the law.

Remember, laws regarding vehicle searches may vary depending on where they happen and the specific circumstances. Each situation is unique, so seeking professional legal advice is always advisable when dealing with complex legal matters. If you have doubts about the legality of your interaction with police, contact The Kahn Law Firm today at (713) 999-6549 for a free consultation.

What is Comparative Negligence?

Comparative negligence is essential in injury cases, as it allows each party to share a percentage of fault in each case and, therefore, some of the damages awarded. According to Cornell Law, comparative negligence is “a tort principle used by the court to reduce the amount of charges that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident.”

How Does Comparative Negligence Work?

Once the damages are calculated, a total sum is assigned based on the incident. For an easy example, let’s say that $100,000 in total damages were allocated or awarded in a case based on the facts.

As the facts are reviewed, a percentage of fault will be placed on each party involved in the incident. If the plaintiff is found to be 40% at fault for the damages, and the defendant was found to be 60% at fault, in our example, the plaintiff would only be able to recover $60,000 rather than the full $100,000, as their share is reduced proportionately to the percentage of fault that they were found to have contributed.

Pure Comparative Negligence vs. Modified Comparative Negligence

Each state will have standards for handling fault in and whether or not they follow comparative negligence. Within the comparative negligence category are both pure comparative and modified comparative negligence.

Pure comparative negligence means that even if the party was found to be 99% at fault for the incident occurring, they could still choose to seek 1% of the total damages. Several states follow this rule.

Modified Comparative Negligence is what Texas follows, and they follow the 51% rule. This means that if either party is found to be more than 51% at fault for the incident, they cannot seek damages from the incident. If they are found to be less than 51% responsible, they can seek damages in the case, reduced by the percentage of fault they were found to have had.

In our example above, the plaintiff could be awarded 40% of the damages, as they were found to be less than 51% at fault for the incident.

Steps to Take After an Incident

As you can see, determining fault after an incident can help or hurt your case tremendously should you choose to pursue damages. You may be responsible for the total damages if you inadvertently admit fault for an incident.

How can you avoid this? One of the reasons you may have heard people say not to share too much information regarding accidents is because of the fault aspect of damages or personal injury suits. If you speak with your insurance provider and share details that prove you were completely or more than 51% at fault for the accident, they may use this to convince you to settle the case and reduce the chances of you recovering any of the damages.

You may not know the whole story. For instance, let’s say you were driving on the highway and attempting to pass a car. You followed laws but still felt you were the sole cause of the accident occurring because you maybe missed your blind spot or were caught up in the stress of the accident. You leave the scene to tend to injuries and find out much later that the other driver was under the influence or texting and driving. This evidence makes them share some of the fault for the incident, and therefore, you may be able to recover some of the damages still even though you were partially at fault.

How is Fault Established?

Several aspects of evidence can be provided to prove fault after an accident. Were there security or traffic cameras that may have caught the incident on video? Did you get pictures or videos immediately following the accident?

Eyewitness statements, police reports, inspections of the damages to the vehicles, or accident recreations are also ways that fault can be established after an incident.

Ensuring that you tend to your medical needs following an incident and that the other parties are OK is essential. Still, once this is handled, it is important to start gathering information to help you establish fault after an accident. It could be the difference in several thousands of dollars if you can provide sufficient evidence that your percentage of fault was less than 51%.

How Can a Personal Injury Attorney Help Me?

Most of us aren’t in situations every day where we need to negotiate with insurance companies or other attorneys or gather evidence. Personal injury attorneys are well-versed in this area and have years of consistent experience helping clients with their cases.

They can handle communication with insurance companies or other parties for you, help gather further evidence to establish fault, and can represent you with solid evidence in court to ensure the best outcome possible.

By choosing a capable and determined team of attorneys who speak the language and have the foresight and experience you may not have in legal situations, you can bolster your chances at the outcome you deserve rather than settling for less.

Contact our office today at (713) 999-6549 for a free consultation to discuss your questions and concerns with skilled and compassionate attorneys ready to become fierce advocates for you and your family.

What Are Delta 8 and Delta 9?

Hemp and marijuana belong to the same species; Cannabis sativa. Delta 8 is a chemical from hemp plants that has been gaining popularity in Texas and other states. Delta 8 is a “cannabis compound” which occurs naturally in small amounts in cannabis plants and is used recreationally by some consumers.

Delta 8 is similar in structure to the compound responsible for the psychoactive effects of cannabis, called Delta 9. However, Delta 8 is less potent and has a milder psychoactive effect. Delta 9 is often found in trace amounts with Delta 8, as both compounds come from the same plant species. However, Delta 9 in concentration amounts higher than .03% is illegal in Texas.

If you’re curious about trying Delta 8, you should speak to an attorney to stay up-to-date on the latest laws and regulations regarding Delta 8 in Texas. There are potential risks associated with Delta 8 use, and it is essential to do your research and consult with medical and legal professionals before using it.

Delta 8 Products

Delta 8 THC is available in various forms, including gummies, tinctures, and vape cartridges. If you are considering using Delta 8, it is essential to start slow, do your research, and purchase products from reputable manufacturers that have been third-party tested.

Is Delta 8 Legal in Texas?

While the chemical Delta 8 THC derived from hemp is legal under the 2018 Farm Bill, factors like lack of regulation and inconsistent dosage mean you could end up with higher amounts of Delta 9 than you thought. You could even be charged with a crime if your products contain too much Delta 9.

Whether a Delta 8 product is legal currently depends on the circumstances and how the court interprets the law. An criminal defense attorney can help keep you up-to-date on your state’s most recent legal guidance regarding controlled substances.

The legality of products containing Delta 8 depends on several factors:

Source of THC

Delta 8 occurs naturally in both hemp and marijuana. Texas law classifies marijuana as a Schedule I substance, meaning possessing, selling, or distributing it is illegal.

The Agriculture Improvement Act of 2018 made hemp and hemp-derived products containing Delta 8 legal. Delta 8 also occurs in marijuana, but hemp cannot have more than 0.03% of Delta 9, so the act’s outcome is that only hemp-derived Delta 9 is legal to possess and sell.

Concentration

Products containing more than 0.3% Delta 9 remain illegal. The percentage is a ratio of the product’s total weight, so the total amount of Delta 9 THC cannot exceed 0.3% of the other ingredients’ weight, like sugar and flavorings.

Drug Testing

You may need to pass a drug test to get a job or even be subject to periodic testing to maintain employment. THC remains federally illegal, and your employer may require you to show a negative test result for THC if subjected to a drug test. Delta 8 THC can cause a positive result on a drug test for THC, which could lead to employment or legal issues.

Lack of Regulation

Facilities that manufacture goods are subject to regulations and inspections, and it is currently illegal to manufacture hemp and hemp-derived products in Texas. Because Delta 8 and the cannabis industry are relatively new and unregulated, the testing and oversight to produce and sell goods containing Delta 8 and Delta 9 are not yet comprehensive. Knowing precisely what you are getting and how it may affect you can be challenging.

Inconsistent manufacturing practices could lead to incorrect concentrations of Delta 8 and Delta 9, which is a crucial factor in whether the THC product is legal. You could take a higher dose than expected and suffer unwanted side effects. There could also be legal consequences for possessing an illegal amount of Delta 9. If you decide to use Delta 8 THC, purchase products from reputable sources and consult an attorney to ensure you understand how the current interpretation of Texas law affects you.

The Future of THC Laws In Texas

It is crucial to remember that Delta 9 remains federally illegal. Therefore, it is difficult to identify whether an officer of the law would find Delta 8 products containing Delta 9 legal or prohibited in Texas.

The Texas Department of State Health Services also moved to ban Delta 8 in 2021. A district court judge blocked the move based on the argument that the swift action didn’t follow the guidelines of Texas law. Critics of the ban argue that the DSHS failed to provide sufficient notice to retailers. An ongoing lawsuit keeps Delta 8 legal for now.

Legality Can Change Fast, Stay Informed

If you choose to partake in THC, keeping yourself informed on the current law is vital.

As it currently stands, the legality of Delta 8 in Texas is unclear and could change at any time. It is crucial to stay up-to-date on the latest laws and regulations regarding Delta 8 THC in Texas and consult an attorney if you have any questions or concerns.

Getting representation fast is essential if you’re found guilty of possessing, selling, or distributing an illegal substance. At Kahn Law Firm, P.C., we’re here to help clarify the law for you and advise on your unique circumstances. Give us a call today for a free consultation.

After a DUI arrest in Harris County, we at the Kahn Law Firm understand your sense of urgency when you need a defense attorney. Taking the time to find a DUI attorney in Houston is one of the best things you can do when faced with this serious charge.

This behavior is punished swiftly and severely in Texas, which means you are right to hire a Houston DUI attorney. The sooner you seek legal counsel, the better.

When You Need to Find a DUI Attorney in Houston, Look for Experience

Texas laws do not allow much lag time for those charged with driving while intoxicated in Houston. Our DUI attorney team knows this based on experience, and can help you deal with the almost immediate criminal proceedings against you.

Aside from serving time in a county jail, did you know that your license could be revoked if you do not request an administrative license revocation (ALR) hearing within just 15 days of your arrest?

At The Kahn Law Firm, we can anticipate the legal proceedings you will face because we have helped many Houston motorists just like you.

Our Houston DUI Attorney Team Can Handle Every Detail of Your Case

When you need a defense attorney, keep in mind that we can handle the following aspects of your Texas DUI/DWI case, including the following:

• answering all of your questions about the DUI proceedings you will face;
• representing you at your ALR hearing with the Department of Public safety and all other hearings;
• evaluating video footage at the scene of your arrest to determine whether the officer made any mistakes in administering the Breathalyzer and blood-alcohol tests;
• drawing from our certified training in field sobriety testing to determine whether the officer had probable cause for your arrest;
• preparing a case on your behalf; and
• defending you at trial, if necessary.

When you need a defense attorney after a drunk driving arrest, The Kahn Law Firm provides caring and compassionate counsel throughout your entire case. If you are trying to find a DUI attorney in the Houston area, you need look no further than our husband and wife team. Call us today or fill out our online contact form.

Phone: 713-226-9900 or toll-free at 1-844-301-KAHN
Fax: (713) 226-9901
Address: The Kahn Law Firm, LLP
1314 Texas Avenue, Suite 1012
Houston, Texas 77002

Need a Houston DUI Attorney? The Kahn Law Firm is Here to Help

When you’re trying to find a DUI attorney, the husband and wife team at the Houston-based Kahn Law Firm can help. If you’re facing a charge as a serious as a DUI/DWI, don’t leave your future to chance. Call us today at 713-999-6549 or toll-free at 1-844-301-KAHN or fill out our online contact form.