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hris Perri Law is a criminal defense law firm located in Austin, Texas.

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Chris' Blog

The blog of Chris Perri Law, written by Chris Perri and Shannon Perri. Read the latest in exciting cases where justice is served.

Filtering by Tag: austin defense attorney

Recent Supreme Court Decision Protects 4th Amendment Rights During Traffic Stops

Chris Perri

Last week, in Rodriguez v. United States, the Supreme Court clarified that police officers may not prolong a traffic stop in order to conduct a dog sniff on a vehicle, unless there is reasonable suspicion to believe that the occupants are engaged in criminal activity.

In this case, the defendant was pulled over in Nebraska for illegally driving on the shoulder of the highway. About 20 minutes later, the police officer issued a warning ticket for the traffic infraction. However, the defendant was not yet “free to leave.” The police officer instructed the defendant to exit his vehicle and stand in front of the patrol car while they waited for another police unit to arrive. About seven more minutes elapsed before the arrival of the backup unit. At this point, the officer led a drug-detecting dog around the defendant’s vehicle. The dog alerted to the presence of drugs, and a subsequent search of the defendant’s vehicle revealed a large quantity of methamphetamine. The defendant was convicted and sentenced to five years in federal prison.

On appeal, the Government argued that waiting a mere seven minutes for the drug dog to sniff the outside of defendant’s vehicle constituted a de minimus (minimal) intrusion on the defendant’s Fourth Amendment rights, meaning that the intrusion was so minor that it was constitutionally permissible. Fortunately, our Supreme Court rejected this argument. The Court noted that certain intrusions, such as asking a person to step outside the vehicle during a lawful traffic stop, are “negligibly burdensome precautions” that allow an officer to complete the traffic stop “mission” safely. “On-scene investigation into other crimes, however, detours from that mission,” wrote Justice Ginsburg, who authored the majority opinion.

An officer may not prolong a traffic stop in order to conduct a dog sniff unless facts are developed during the traffic stop that support reasonable suspicion of drug activity. For example, if an officer smells drugs during the stop or notes a contradiction between the driver’s and passenger’s statements regarding their travel itinerary, the officer might have reasonable suspicion to prolong the stop in order to investigate drug activity. However, an officer can’t conduct a dog sniff on a car based on a mere hunch that’s not supported by actual observations of suspicious activity.

Even if the officer had conducted the dog sniff prior to issuing the warning ticket, the result would be the same: “The critical question, then, is not whether the dog sniff occurs before or after the officer issues a ticket, but whether conducting the sniff ‘prolongs’ – i.e., adds time to – ‘the stop.’”

This recent case enhances Chris Perri Law’s arsenal for attacking unlawful searches at suppression hearings. We’ve begun 2015 with three victories on suppression issues, and we’ll continue to fight to protect our clients’ constitutional rights.

How to Avoid (or Deal With) Summertime Public Intoxication Charges

Chris Perri

Photograph by Frank Alcazar used under the Creative Commons Attribution License.

Photograph by Frank Alcazar used under the Creative Commons Attribution License.

In the summer months of Austin, Texas, time seems to stop. Everyone knows the days are long and ridiculously hot. The sun is oppressive, and we are all constantly dripping with sweat. Half of the city is on school break or traveling. Thus, it’s understandable that workdays need Barton Springs swim breaks and margarita-filled happy hours. In this heat-induced and alcohol-infused blur, it’s no surprise that summer is the most common time for people to rack up Public Intoxication (PI) arrests.

Many of us will be intoxicated in public at one point or another, and as long as you aren’t driving or acting in a way that’s unsafe, that’s perfectly legal. However, it is at the discretion of police officers to determine what behavior is deemed dangerous. The Texas Penal Code defines Public Intoxication (PI) as when: “a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Below, Chris Perri has outlined a few general tips on how to avoid a PI and what to do if you find yourself in the back of a police car.

How to Avoid Getting a PI

  • Don’t overdrink alcohol in public places. As obvious as it may sound, it’s the truth. If you want to keep the party going, move it to your house to minimize the risk of arrest.
  • Avoid aggressive behavior. Police officers most commonly make PI arrests when they see people fighting or on the brink of a physical altercation.
  • Adhere to pedestrian walking laws. If you are walking in the street or not following basic pedestrian laws, a police officer may interpret this as dangerous behavior. If they believe your erratic behavior is the result of drinking alcohol, then you’ll likely be in handcuffs before too long.
  • Walk straight and don’t slur your words. Again, easier said than done, but if you feel yourself getting to this point, it’s a good time to flag down a taxi or call a friend to take you home.
  • Avoid urinating in inappropriate places, AKA non-bathrooms. Believe it or not, this behavior happens frequently and draws attention to law enforcement.

What to Do Once You Are Arrested

If an officer has approached you and seems likely to arrest you for a PI, the best thing you can do is cooperate. Though getting arrested can be scary, remember, a PI is only a Class C Misdemeanor charge that carries no jail time. Likely, they’ll take you to the jail for one night to “sleep it off,” and you’ll be released the next day. However, if you see a judge while in custody, make sure you don’t plead “guilty” or “no contest” without consulting with an attorney. In most cases, skilled attorneys can help you get the charge dismissed and eventually expunged if you are willing to take an educational class and perform community service. However, if you plead guilty, this will lead to a conviction, which will make the crime ineligible for expunction.

The worst thing you can do when getting arrested for a PI is to resist or act aggressively. If you try to resist, you will likely be charged with Resisting Arrest, which is a Class A Misdemeanor that carries jail time and is harder to dismiss. Worst-case scenario: your resisting escalates to an Assault on a Public Servant, which is a felony, and then you’ll still be dealing with the charge when summer is long gone.

If you or a loved one has recently been arrested for a PI or a related charge, call Chris Perri at (512) 917-4378 for advice on how to best navigate the specifics of your case.