Day 4 - Part 3, South Texas Trafficking - Anatomy Of A Pipeline

NARCOTICS SEARCHES DIVISIVE

Privacy, Enforcing Laws Are Debated

Drug interdiction officers searching area highways for drugs and drug money
can't pull a driver over without a traffic violation, or the case could
easily be thrown out of court. Fortunately for agents, almost everyone on
the highway is committing a violation of some kind, such as a broken
license plate light, overly tinted windows or not wearing a seatbelt.

Law enforcement officials say the searches are necessary to control the
flow of drugs and drug money on our highways. But several lawyers and
critics see them as an attack on motorists' privacy.

Gerald Rogen, a Corpus Christi attorney who has represented numerous
clients in search and seizure cases, advises people to never give officers
permission to search their cars.

"When they ask for consent to search, they're really just fishing," Rogen said.

Often, drug interdiction officers will use a traffic stop to question
motorists in an attempt to discover foul play.

"If you're not under arrest you don't have to answer any questions," Rogen
said.

Jim Wells County Sgt. Ray Escamilla Jr. and other officers said only a
small fraction of motorists refuse the search, although such a search is
voluntary unless an officer has probable cause.

"Just stopping you for a violation doesn't give probable cause to search,"
said Corpus Christi attorney Rene Rodriguez.

What gives probable cause is the officer's reasonable conclusion, based on
the circumstances and the officer's training and experience, that criminal
activity is taking place or is about to take place.

A drug sniffing dog can also give probable cause if it alerts to part of
the vehicle.

Should a motorist deny permission to search, officers can detain the driver
if they have reasonable suspicion, a legal term that requires less evidence
but does not allow a search. The officer can use that time to question the
motorist, but if no probable cause is found, must allow the driver to
continue on.