Attorney Medley has defended hundreds of Possession / Delivery of Drugs cases. Many drug cases have been dismissed or reduced to lesser charges. As a former police officer, Mr. Medley is uniquely familiar with the techniques and procedures used in police drug investigations. His experience working with the police has shown Mr. Medley that police officers are more likely to lie in their reports and falsify evidence in drug investigations than many other investigations. His background gives him a unique perspective and a unique ability to examine police reports and identify possible lies.
Drug investigations also frequently involve search and seizure. Attorney Medley has been a professor of Criminal Justice since 1996, and teaches search and seizure law to law enforcement students and prospective law students. He has unique insight into the technical aspects of search and seizure law, and due to the demands of teaching, he has researched many details of the law that many other attorneys never bother to learn.
CONSENT TO SEARCH
A common point of controversy in drug cases is the consent to search. Many times, police officers obtain consent to search from people who have illegal drugs or other contraband in their vehicles. Many of these times, police officers trick people or intimidate them into giving consent to search. Courts will accept a consent to search even if it is not in writing. This can cause problems in that police can just say they obtained consent to search when they really did not. Those situations are difficult to combat after it's happened, especially if the person arrested has a prior record. One thing a person can do is stand up for their privacy rights and refuse to give consent to search. Even if you have nothing illegal, you have a right to be free from unreasonable searches, and you may politely decline to allow the police to dig through your personal property. It is likely they will search anyway, but don't just lay your rights down and let the police just walk over you.
TRAFFIC STOPS
Being stopped for a traffic violation places a citizen in a bad situation in Texas. Texas law allows a full arrest of anyone found committing a traffic violation, except for speeding alone. Texas courts have interpreted this power to authorize a search of a vehicle pursuant to a traffic violation EVEN IF THE OFFICER HAS NOT MADE A CUSTODIAL ARREST of the violator. This amounts to a blanket authority of police to search the entire vehicle of anyone stopped for ANY traffic violation. This includes stops for : no seatbelt, no front license plate, faillure to signal intent to turn, and other police favorites.
POSSESSION
In Texas, possession of something occurs when a person has care, custody, control, or management over the item(s) in question. Possession does not require ownership. Even if drugs belong to someone else, any person who knowingly has care, control, or management of drugs when they are found can be charged. The "it ain't mine" claim is no defense if the person at least knew about the drugs. Note though, possession requires knowledge. If drugs are in a car for example, the only occupants who should be charged are those who had knowledge of the presence of the drugs.
