Texas Controlled Substance Charge

Summary

Possession of less than a gram of fentanyl in Texas is a state jail felony. Police need consent, a warrant, or exigent circumstances to search personal belongings or a vehicle. If the search was conducted without proper justification, it could affect the admissibility of evidence. Consider consulting a criminal defense attorney to explore potential defenses and challenge the search and seizure procedures.

Full Conversation

David
Hi David, it seems there might have been a typo in your earlier responses. Could you please clarify what legal issue you need assistance with? Also, could you let me know your location so I can provide more specific information?
Texas. My girlfiend was charged with possesion of a controlled substance fentanyl less than a gram. I have some concerns about the procedures used by police.
In Texas, possession of less than a gram of a controlled substance like fentanyl is a state jail felony. The procedures used by the police can significantly impact the case.
Could you specify what concerns you have regarding the police procedures? This will help me provide more precise information.
She was waiting in my car in a residential neighborhood as i was working for a homeowner. It was early evening. We had already been there a few hours. The police came to do a well fare check because they claimed a neighbor had called and was concerned if my girlfriend was ok. I dont think this happened buy its irrelevent at this point. When they approached my girlfriend Ksenia, she had her door slightly open and was painting her nails. She was sober, awake and perfectly normal. They began to question her and then asked to search her purse. They told her they couldnt search the car without me being there cause it was my car not hers. They searched her purse and found parafenallia. They then proceeded to search the car without my knowledge and thats when they found the fentanyl.
It sounds like there may be some significant issues with the police procedures. Here are some points to consider:
- Welfare Check Justification: Typically, a welfare check should be based on a reasonable concern for safety.
- Consent to Search: Police generally need consent, a warrant, or exigent circumstances to search personal belongings like a purse.
- Search of the Car: If you were not present and did not give consent, they may need a warrant to search your car.
Would you like more information on how to challenge the search and the evidence found?