Bryan Unlawful Police Stop Lawyer

Law enforcement officers in Bryan, Texas, are tasked with upholding the law and ensuring public safety. However, like all human beings, they are susceptible to errors.

Police sometimes make arrests hastily or without proper adherence to legal protocols. These lapses can result in unlawful arrests, jeopardizing your rights and undermining the integrity of the legal system.

At Shane Phelps Law, a Bryan unlawful police stop lawyer can investigate your arrest and gather evidence that shows the arresting officer failed to follow proper protocol.

When an officer commits an unlawful arrest, it can negate efforts made by the prosecution, since the case has no legal basis.

Our experienced defense lawyers recognize the gravity of unlawful police stops and the profound impact they can have on individuals' lives. That's why we are dedicated to providing diligent representation to individuals in Bryan who have been unfairly targeted by law enforcement.

Schedule a Free Consultation

Why Choose the Law Office of Shane Phelps When Facing a Suspected Unlawful Police Stop?

Team of Bryan Unlawful Police Stop Attorneys at the Law Office of Shane Phelps

Our legal team understands that being subjected to an unlawful arrest can be distressing and unjust. The Bryan unlawful police stop attorneys at our firm are committed to investigating each case to uncover instances where arresting officers may have deviated from proper procedure.

By gathering compelling evidence and leveraging our extensive legal experience, we aim to challenge the prosecution's case and safeguard our clients' rights.

In this complex legal landscape, having skilled legal representation is a top priority. If you believe you have been the victim of an unlawful police stop, don't hesitate to reach out to us. We are here to advocate for your rights, navigate the legal process on your behalf, and pursue the most favorable outcome possible. Your freedom is at stake. Give us a call at (979) 775-4100.

<video playsinline="" controls="" class="video"><source src="" type="video/mp4"></video>

Our Law Office in Bryan, Texas

The Law Office of Shane Phelps, P.C., is located at 400 North Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of East 23rd Street. Contact us for a free consultation.

When Can a Law Enforcement Officer Pull Me Over?

Unlawful Police Stop in Bryan, Texas

Police stops can occur under various circumstances. You have rights in each situation.

The most common reason for a police stop is if the officer suspects you of driving while intoxicated (DWI). However, in many other common scenarios, an officer may pull you over.

The following can provide law enforcement with probable cause to stop you:

  • Traffic Violations: One of the most frequent reasons for a police stop is a traffic violation. This includes speeding, running a red light, failure to yield, illegal turns, and driving with expired tags or without headlights. For example, if you are speeding on the highway or fail to stop at a stop sign, law enforcement has the authority to initiate a traffic stop.
  • Suspicion of Impaired Driving: Officers may pull you over if they suspect you are driving under the influence of alcohol or drugs. This suspicion can arise from erratic driving behavior such as swerving, driving too slowly or ignoring traffic signals. If you exhibit signs of impairment, such as slurred speech or the odor of alcohol, an officer may have probable cause to stop you and conduct further investigation.
  • Vehicle Equipment Violations: Police can also stop you if they observe equipment violations on your vehicle, such as broken headlights or taillights, tinted windows that violate state laws, or missing license plates. Even minor infractions like a burnt-out brake light can lead to a traffic stop.
  • Vehicle Registration Issues: If your vehicle registration is expired or invalid, law enforcement may pull you over to verify your registration status. Additionally, if the vehicle you're driving is reported stolen or has a revoked registration, it can prompt a police stop.
  • Suspicion of Criminal Activity: In some cases, officers may stop a vehicle based on suspicion of criminal activity unrelated to traffic violations. This could include information from a tip or observation of suspicious behavior, such as someone matching the description of a suspect in a recent crime.

An experienced and skilled defense attorney can successfully challenge these subjective observations.

What Might Constitute an Unlawful Police Stop in Bryan, Texas?

AV Preeminent 2024

In Texas, an unlawful police stop, also known as an illegal or unconstitutional stop, occurs when law enforcement officers initiate a traffic stop without reasonable suspicion or probable cause.

Here are some situations that might qualify as unlawful police stops in Texas:

  • Lack of Reasonable Suspicion: Law enforcement must have reasonable suspicion that a crime has been, is being, or is about to be committed to justify a traffic stop. If an officer stops a vehicle without any valid reason or based on mere speculation, it could be deemed unlawful.
  • Racial Profiling: If a stop is made based solely on a driver's race, ethnicity, or other protected characteristics rather than on reasonable suspicion of criminal activity, it may be considered unlawful. Racial profiling violates the Equal Protection Clause of the Fourteenth Amendment and is prohibited by law.
  • Pretextual Stops: Pretextual stops occur when an officer stops a vehicle for a minor traffic violation as a pretext to investigate other suspected criminal activity unrelated to the traffic violation. If the officer's true motive for the stop is unrelated to the alleged violation, it may be deemed unlawful.
  • Unlawful Search and Seizure: If law enforcement officers search a vehicle without consent or a valid search warrant, the stop may be deemed unlawful. Similarly, if officers detain individuals beyond the scope of the initial stop without reasonable suspicion, it could be considered an unlawful seizure.
  • Violation of Constitutional Rights: Any stop that violates an individual's constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures, may be deemed unlawful. This includes stops made without probable cause or stops that are excessively prolonged without justification.
  • Failure to Follow Proper Procedures: If law enforcement officers fail to follow proper procedures during a traffic stop, such as failing to provide Miranda warnings or neglecting to inform individuals of their rights, the stop may be deemed unlawful.

Determining whether a police stop is unlawful can be complex and fact-specific. Don't try to figure this out on your own. If you believe you were the victim of an unlawful police stop in Texas, seek legal advice from an experienced Bryan criminal defense attorney who can assess the circumstances of your case and advocate for your rights.

What Are Field Sobriety Tests?

DUI Defense Lawyers Association - Charter Member Badge

A field sobriety test is a series of physical and cognitive tasks that police officers use to evaluate whether a person is under the influence of alcohol or drugs while driving. These tests are typically conducted during a traffic stop if an officer suspects impairment based on observed behavior, such as swerving or slurred speech.

The purpose of the test is to gauge a driver's coordination, balance, and mental clarity, as impairment can affect these abilities. Examples of field sobriety tests include walking in a straight line, standing on one leg, and following an object with the eyes.

If a driver fails these tests, it may provide probable cause for the officer to conduct further investigation, such as a breathalyzer test or blood alcohol concentration (BAC) analysis, to determine the level of impairment.

The Standardized Field Sobriety Test (SFST) is made of up three individual tests:

  1. Horizontal Gaze Nystagmus (HGN) test - Here the law enforcement officer will move a pen or small object back and forth in front of your eyes, looking for signs that you are under the influence.
  2. Walk-and-turn test - The officer will instruct you to walk in a straight line for around nine steps and then return.
  3. One-leg stand test - The officer instructs you to stand with one foot in the air and hold it until told to put it down.

During the tests, the officer is looking for indicators that you are under the influence of drugs or alcohol. This might be indicated by factors such as not being able to keep your balance or not following the instructions properly.

Challenging the Results of Field Sobriety Tests

Avvo Rating 10.0 - Top Attorney Criminal Defense

While field sobriety tests are commonly used by law enforcement, their reliability can be subjective and may vary depending on factors such as weather conditions, road surface, and individual physical characteristics.

Additionally, factors unrelated to impairment, such as nervousness or medical conditions, can influence a driver's performance on these tests. As a result, field sobriety tests may not always provide accurate indicators of impairment.

In Texas, if you fail a field sobriety test, it may provide probable cause for the officer to arrest you on suspicion of DWI. However, failing a field sobriety test does not necessarily mean that you will be convicted of DWI.

You have the right to challenge the results of the field sobriety tests and seek legal representation to defend against the charges. An experienced Bryan DWI defense attorney can review the circumstances of your case, assess the reliability of the field sobriety tests, and explore potential defenses.

How Can a Lawyer Help with a Suspected Unlawful Police Stop?

Attorneys for Unlawful Police Stop in Bryan, Texas

If you believe you were the victim of an unlawful police stop, a defense lawyer can help in several ways.

First and foremost, your lawyer will thoroughly review the circumstances of your stop to determine if law enforcement violated your rights. They will assess whether the officer had reasonable suspicion or probable cause to initiate the stop and whether proper procedures were followed.

Your lawyer will gather evidence to support your claim of an unlawful stop. This may include witness statements, surveillance footage, dashcam recordings, or documentation of any discrepancies in the officer's actions.

If the stop was unlawful, your lawyer can file a motion to suppress evidence obtained in the stop. This may include any evidence gathered during the stop, such as searches, seizures, or statements made by you.

Your lawyer will represent you in court and advocate on your behalf. They will argue before the judge why the court should exclude evidence obtained from the unlawful stop and why it should dismiss the charges against you.

In some cases, your lawyer may negotiate with the prosecution to have the charges reduced or dismissed, especially if the evidence obtained from the unlawful stop is crucial to the case.

If necessary, your lawyer can also assist you in appealing a conviction resulting from an unlawful stop, upholding your rights throughout the legal process.

Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps

If you believe you've been subjected to an unlawful police stop in Bryan, Texas, don't hesitate to take action to protect your rights. At the Law Office of Shane Phelps, we understand the complexities of Texas law and are committed to advocating for people who have been unjustly targeted by law enforcement.

Our experienced team of attorneys has a proven track record of challenging unlawful police stops and ensuring that our client's rights are upheld throughout the legal process.

Don't let an unlawful police stop jeopardize your freedom and future. Take the first step toward justice by scheduling a free consultation with our Bryan, Texas, office today. Your rights matter, and we're here to fight for you every step of the way.

With decades of experience, we have an extensive knowledge of Texas laws and court proceedings to help you obtain the most favorable outcome possible. Call us today at (979) 775-4100 or contact us online to schedule a free consultation.

What You Need to Know

Shane’s Top Ten Rules

Avoid Trouble at A&M, Blinn, & Beyond



Download Here