Take the first step toward protecting your freedom by contacting us now: MEETINGS WITH LAWYERS AT THISLOCATION WILL BE BY APPOINTMENT ONLY, Our Client faced multiple felony charges in several counties from the same plaintiff. If you have been stopped at a sobriety checkpoint, you may want to try to get out of your situation by claiming the officer did not have just reasons to pull you over. Request to speak to a DWI defense attorney before providing any requested information to the law enforcement officer. If you get arrested, and youre facing drug charges, they can alter the entire course of your life. During a recent week, the sheriff stored about 5,000 pounds of pot, contraband seized at the nearby U.S. Border Patrol checkpoint from the parade of road trippers, occasional celebrities and other outsiders ordered to stop there as they buzz through West Texas. The newspaper reported that in 2006 Ramirez supervised the shipment of more than 10 tons of marijuana seized by the Houston police in a tractor-trailer and another 4 tons of marijuana seized by Texas state troopers from a tanker truck near Hebbronville in 2007. They can then watch the sign carefully. 83 miles. He is paid one thousand dollars to make the delivery. The whole idea of setting up checkpoints that stop every car that goes through has been deemed unconstitutional, as they essentially mean that each checkpoint forces drivers to stop when there is no evidence that theyve done anything wrong. Tell me what happened, and I will do everything I can to help you. We had a few mutual friends. Depending on where you are in Texas, there are situations where you may not be able to refuse an inspection when pulled over for a DUI. You're not obligated to stop, this is more or less a scare tactic and it's also unconstitutional. 3553(e) authorizes the district court, upon motion by the Government, to impose a sentence below a level established by statute as a minimum sentence so as to reflect a defendants substantial assistance in the investigation or prosecution of another person who has committed an offense. 3553(f) which was born out of the Violent Crime Control and Law Enforcement Act of 1994 on the premise that the integrity and effectiveness of controlled substance mandatory minimums could in fact be strengthened if a limited safety valve from operation of these penalties was created and made applicable to the least culpable offenders. A safety valve defendant must satisfy the following five criteria to receive the statutes benefit: Of the 21,023 offenders convicted under mandatory minimum statutes in 2008, 3,831 of them (19.5%) were eligible for downward departure from the mandatory minimum because the Government filed the requisite 3553(e) motion in those cases. From August to November 1998, the Indianapolis Police Department operated six motor vehicle "drug checkpoints" on public roads. The United States Border Patrol operates 71 traffic checkpoints, including 33 permanent traffic checkpoints, near the Mexico-United States border. As mentioned above, you can politely decline to volunteer for the sobriety test and respectfully refuse to have your vehicle searched. Drivers should also not face the officer when speaking, as authorities might try to sniff for hints of alcohol in every breath. In this case, our client operated a therapy center for medical rehabilitation. The number of drug-sniffing dogs has increased by 40 percent since 2006, when the George W. Bush administration began to pour resources into border security during the country's last big push . This is because almost all phones at a police station are wired and bugged. Many of these defendants will enter into plea agreements, but an increasing number are electing to face trial because, with the mandatory minimums, there are no real incentives to plead guilty. If you end up facing drug charges, you need to know about all of, Common mistakes made by divorcing couples with adult children. Drug checkpoints are not used in Texas, and neither are DWI checkpoints. But every bad guy is a pothead. By detaining people for a couple of joints, the Border Patrol, which since 2003 has been part of the Department of Homeland Security, is able to investigate everything about them, and this can occasionally lead to catching some genuinely bad guys. US Highway 87 running through Potter, Moore, Hartley, and Dallam Counties appears to be . 16 (1994). It grows on you and when it does, especially if you grew up there, you feel a natural urge to defend that pristine, arid expanse. Harris County. However, when the [marijuana] may be attributed to more than one individual, constructive possession requires some nexus, link, or some connection between the defendant and the [marijuana].. There's this thing called probable cause that the police need. Heres what you should know: These checkpoints are fake. If you want to get yourself treated for alcohol abuse, the average cost of treatment and education can . Free consultations for all new cases. Individual charged with continuous sexual abuse of a child, indecency with a child, and sexual assault of a child. You already know that Texas doesnt even use sobriety checkpoints, as other states do, because local law considers them to be a violation of your constitutional rights. These are known locations of known border patrol checkpoints some are permanent and some are temporary; these can be placed along stretches of highway near the border zone. Officers will inspect for signs of intoxication in drivers, but will only use a breathalyzer if they have sufficient evidence. You know that these checkpoints arent used, so what does the sign mean? By: Tyler Flood & Associates. They have a sign, conveniently placed before an exit that says drug check point ahead. Some people also state that this may violate medical privacy. . The truth is that they're not. Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, 2023 Rosales Law Firm All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Notorious West Texas Drug Checkpoint Detains Rapper, DWI Representation For Out-Of-State Residents, Occupational Drivers License After A DWI, Civil Protective Orders & Family Violence. The defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; The defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; The offense did not result in death or serious bodily injury to any person; The defendant was not an organizer, leader, manager or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and. Facing multiple felony charges in several counties from the same crazy girlfriend the prosecutors in both counties set our client free. I met Al Reinert years ago in Houston. However, many police officials can still pull automobilists over due to suspected behavior, such as: Driving with head and tail lights on at night, Not maintaining lanes and switching abruptly. The inspection station stands on a sun-scorched stretch of Interstate 10, about 85 . Houston DWI/DUI Checkpoints. If the fe, Harris County. Some officials might try to poke into vehicles and use a flashlight to scan the area; however, that is not legal in most states and should not be allowed by the driver. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. One year later, the Texas state government decided to make DWI checkpoints illegal, citing that they are a violation of Fourth Amendment rights. Border patrol officers have probable cause to search the trailer, but the driver eliminates the need for a warrant with consent to search. And the seizures continue during a three week period this past December, Border Patrol agents in the Rio Grande Valley sector alone seized more than 4 tons marijuana. Unlawful Fake Drug Checkpoints. Sentencing Guidelines calculations. Sierra Blanca - located 5 miles west of Sierra Blanca on Interstate 10. Agents there primarily check for immigration documents of people traveling to the interior of the United States, but they also make drug seizures under Title 21 authority of the . You must know about the, Recent murder appeals underscore importance of evidence quality. CBP internal checkpoints remain constitutional rights violations stations, where taxpayer money and CBP personnel are squandered in a performative version of the "Drug War"-complete with . In some circumstances, the police may ask to do a search of your vehicle. PCS provides bail bonding services to individuals, lawyers & other bonding services. His mode of operation and downtime may infer drug trafficking, Information stored on his computer in truck may incriminate him, Ties between him and material in which drugs are packaged, and, The value of the drugs are such that traffickers would not ship them without drivers knowledge, Defendant does not own the tractor trailer, Defendant operating tractor trailer pursuant to a hook and drop arrangement, The tractor trailer was locked and sealed by shipper. Most drivers will be arrested and taken to a police station where they should call the, Why Law Enforcers Might Pull Drivers Over, No law enforcer can force citizens to undergo a DUI or DWI test at checkpoints. Most recently, singer Fiona Apple was allegedly . That alone gives the police a reason to stop the car, so they dont have to worry about the traffic stop being illegal. Another tactic that law enforcement has employed in some instances is fake drug checkpoints. If the driver turns around in a legal fashion and cant be stopped, then the police may simply follow them and wait until they do something like not coming to a complete stop at a stop sign or going a few miles an hour over the speed limit. If the police have reason to believe you have been drinking, they may ask you to step out of your vehicle and perform various tests. It's bizarre that they can just stop you for no reason it's just a freeway in the middle of nowhere - you didn't leave the US at any time - and yet you're subject to this weird border inspection thing. Late Wednesday, Dec. 15, 2021, the Good ol' Texas Monthly with first hand accounts of how innefective the war on drugs is, from the perspective of an editor and pot-smoker no less. 5 Aug 2020 0. "We're seeing weapons, human smuggling, and drug smuggling, as well as currency and illicit funds that are being smuggled back into Mexico to supply the . Dismissed. With no priors or criminal history, the U.S. Without unusual leniency on the part of a federal judge or prosecutor, there are only two ways convicted drug traffickers like Ramirez and the eight McAllen defendants can receive a sentence less than the statutory mandatory minimum or the minimum the Guidelines would recommend if they are found guilty. You broke a stupid law and got caught. Ramirez faced a mandatory minimum of 20 years because he had a prior conviction in 1996 for cocaine possession. . The border patrol agents shamed me and my friend to the point of us almost peeing ourselves, and then let us go. That same year a total of 25,337 drug offenders were sentenced, of which 16,198 were convicted under statutes that carried a mandatory minimum. source : i live in tx, am a pot head, have been through these stops a dozen times, and have been arrested for pot. Bob Price. Home / Uncategorized / drug checkpoints in texas Request to speak to a DWI defense attorney before providing any requested information to the law enforcement officer. The first thing drivers should do after being pulled over is contact their DWI defense attorney to navigate the situation professionally. Why would they use drug checkpoints when they specifically wont use sobriety checkpoints? He is a Mexican national, a legal . Thus the Government must prove, in order to establish constructive possession of the marijuana that the defendant had sole control over the tractor trailer and if it cannot establish sole control, then it must establish knowledge of the marijuana through other evidence. Border Patrol may stop vehicles at certain checkpoints to: (1) ask a few, limited questions to verify citizenship of the vehicles' occupants and (visually . Just as Texas does not use sobriety checkpoints, you are never going to find a drug checkpoint, either. The male driver and female passenger were traveling on US-59S from Houston, TX, to McAllen, TX. There are four general types of checkpoints you might encounter: DUI checkpoints, U.S. border checkpoints, drug checkpoints, and TSA checkpoints. I think I'd panic at the border checkpoint even if I wasn't carrying anything! Call us now at (713) 224-5529 for a free consultation. Driving while intoxicated is wrong, but sometimes people make mistakes. Not only may the detainee be charged with drug possession, but depending on the circumstances and amount of illegal substances allegedly found in their possession, they may face charges related to drug distribution and trafficking or possibly drug smuggling all of which carry severe criminal penalties. They dont exist. It's important to invoke first amendment rights and stay quiet instead of admitting to drinking. Well how about that? The key to preventing a self-incriminating situation is to be respectful but aware of your rights. The agents found the 75 pounds of drugs after a K-9 alerted to the possible presence of drugs in the vehicle. Police officers may park their vehicles and flash their lights on one or both sides of the road, while standing in the street to flag down vehicles. The state has Interstates 10, 20, 25, 30 and 35, in addition to Highways 59, 77, 83 and 281, which are used as common drug smuggling routes. Drug Dogs and Checkpoints. I thought everyone knew about the checkpoints until I moved to Dallas. There is not a specific ban on these checkpoints, but many state courts interpret these practices as violations of the Fourth Amendment. The 37-year-old rapper and six other passengers were detained at the Sierra Blanca checkpoint as they were traveling by bus to Atlanta. Drug Mules/Smugglers Beware: Permanent Border Patrol Checkpoints in Texas Seize Tons of Drugs, Marijuana, Illustrate Inhumanity of Drug Laws By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There are many problems with mandatory minimum sentencing as we have discussed in previous blogs, but the following is just one real life example.