If you’ve ever been pulled over in Texas, you may have wondered what gave the officer the right to stop you in the first place. Not every traffic stop is legal, and understanding the concept of probable cause can make all the difference in knowing your rights.
Probable cause sets the standard for when law enforcement can stop, search, or arrest someone. For drivers in Texas, this legal safeguard is especially important, as mistakes or overreach during a traffic stop can impact your freedom, finances, and even your future.
Read on as criminal defense lawyers break down what counts as probable cause during a Texas traffic stop and what doesn’t.
1. The Basics of Probable Cause
Probable cause means that an officer has enough factual evidence to reasonably believe a law has been broken. It goes beyond suspicion but doesn’t require absolute proof.
In traffic stops, probable cause typically comes from clear violations of traffic laws, such as speeding, running a red light, or failing to signal. Without these observable violations, the stop may not hold up in court.
2. Common Examples in Texas Traffic Stops
Here are scenarios that generally establish probable cause:
Speeding or Reckless Driving: Measurable actions that clearly break traffic laws.
Equipment Violations: Broken taillights, expired registration tags, or failure to display license plates.
Visible Violations: Texting while driving, not wearing a seatbelt, or having illegal window tint.
Signs of Impairment: Swerving, erratic braking, or visible open containers of alcohol.
Each of these gives officers a concrete reason to initiate a stop.
3. What Does Not Count as Probable Cause
Officers cannot pull you over simply because of:
- Your appearance or the type of car you drive.
- Being in a “high-crime” area.
- Mere hunches or personal assumptions without factual support.
If you believe you were stopped without proper justification, your criminal defense attorney may be able to challenge the legality of the stop in court.
4. Searches After a Stop: The Next Level of Probable Cause
Even if the stop itself is lawful, officers need additional probable cause to search your vehicle. For example:
- Smelling marijuana or alcohol.
- Spotting illegal substances or weapons in plain view.
- Admission of illegal activity.
Without such evidence, warrantless searches are generally not allowed under Texas law.
5. Why Probable Cause Matters to You
Understanding probable cause protects you from unlawful stops, searches, and seizures. If police cross the line, any evidence obtained may be thrown out, which could change the outcome of your case.
If you believe your rights were violated during a Texas traffic stop, don’t face the legal system alone. The Law Office of Robert M. Maurer II & Associates defends drivers against unlawful stops and searches.
At the Law Office of Robert M. Maurer II & Associates, our dedicated team speaks Spanish and offers personalized service to every client. With over 30 years of practice and strong ties to courthouses all across South Texas, we’re available 24/7 to stand by you when it matters most.
Contact our criminal defense attorneys in San Antonio today for experienced legal representation and protect your future with trusted defense attorneys.
