If Stopped by Police in Texas

Last verified: April 2026

Your Constitutional Rights

Fifth Amendment: Right to Remain Silent

The Fifth Amendment to the U.S. Constitution protects you from being compelled to be a witness against yourself. In a traffic stop or police encounter, this means:

• You are not required to answer questions about where you have been, where you are going, or what you have in your vehicle
• You are not required to explain any items in your vehicle or on your person
• You are not required to admit or deny cannabis use or possession
• You must provide identification, registration, and proof of insurance during a traffic stop — but you do not need to answer investigative questions beyond that

You can invoke this right by stating clearly: "I am exercising my right to remain silent." You do not need to explain why. Once invoked, stop talking. Anything you say after this point can still be used against you if you voluntarily continue the conversation.

Sixth Amendment: Right to Attorney

The Sixth Amendment guarantees the right to legal counsel in criminal proceedings. If you are arrested or detained:

• State clearly: "I want to speak with an attorney."
• Once you invoke the right to counsel, law enforcement is required to stop questioning you until an attorney is present
• If you cannot afford an attorney, one will be appointed for you — but you must affirmatively request counsel

Fourth Amendment: Protection Against Unreasonable Searches

The Fourth Amendment protects against unreasonable searches and seizures. In a traffic stop:

• An officer may ask for consent to search your vehicle. You have the right to refuse.
• State clearly: "I do not consent to a search."
• If the officer has probable cause (visible contraband, odor of marijuana, admission of possession), they may search without consent under the automobile exception
• Even if you refuse consent and the officer searches anyway, your refusal preserves your ability to challenge the search in court
• Never physically resist a search. State your objection verbally and allow your attorney to challenge it later

Practical Steps During a Traffic Stop

Immediate Actions

1. Pull over safely — use your turn signal, find a safe location, and stop the vehicle
2. Turn off the engine and turn on interior lights if it is dark
3. Keep your hands visible — place them on the steering wheel at 10 and 2
4. Do not reach for anything until the officer asks for identification, then explain your movements ("My license is in my wallet in my back pocket")
5. Remain calm — your demeanor affects the officer's response and your own decision-making

If Asked About Cannabis

• Do not volunteer information. Do not admit to cannabis use, possession, or recent consumption
• Do not consent to a search. Politely but clearly state: "I do not consent to a search of my vehicle"
• Do not argue or debate. If the officer proceeds to search over your objection, do not physically resist. State your objection once and allow your attorney to address it
• Do not attempt to dispose of anything. Attempting to conceal or discard items during a stop can result in additional charges (tampering with evidence) and gives officers additional probable cause

If You Are Carrying Legal Hemp

Hemp products containing less than 0.3% delta-9 THC are legal under federal and Texas law (HB 1325). However, hemp and marijuana are visually and chemically indistinguishable without specialized testing. If you are carrying legal hemp products:

• Carry the Certificate of Analysis (COA) for any hemp product. Reputable manufacturers provide COAs showing the product's THC content and confirming it is legal hemp
• Keep products in original packaging with labels indicating they are hemp products
• If asked, you can identify the product as legal hemp and offer the COA, but you are not obligated to do so
• If arrested, request laboratory testing of the product. Standard field test kits cannot distinguish between hemp and marijuana — only laboratory analysis using methods like gas chromatography or mass spectrometry can confirm THC levels

If You Are Arrested

1. Request an attorney immediately. State clearly: "I want to speak with a lawyer" and do not answer any questions until one is present
2. Do not make any statements. Anything you say can and will be used against you. This includes casual conversation with officers, statements made during booking, and conversations in holding areas that may be recorded
3. Do not sign anything without an attorney reviewing it, except for the notice of your rights (Miranda waiver acknowledgment that you received the warning, not that you waive your rights)
4. Note the details. When you have the opportunity, write down the officer's name, badge number, the time and location of the stop, and what was said and done
5. Contact a criminal defense attorney as soon as possible after release or arraignment

Legal Resources

Finding an Attorney

• NORML Legal Committee — maintains a directory of attorneys experienced in cannabis defense: norml.org/legal
• Texas Criminal Defense Lawyers Association (TCDLA) — lawyer referral service for criminal defense: tcdla.com
• State Bar of Texas — lawyer referral information service: texasbar.com

Diversion Programs

Several Texas counties offer diversion programs that can result in dismissed charges for first-time or low-level marijuana offenses:

• Harris County (Houston) — Misdemeanor Marijuana Diversion Program (MMDP): individuals caught with up to 4 ounces of marijuana can complete a drug education course to have charges dismissed. The program was implemented in 2017 by then-District Attorney Kim Ogg
• Dallas County — has used cite-and-release and diversion for low-level marijuana cases
• Bexar County (San Antonio) — has implemented diversion programs for certain marijuana offenses
• Travis County (Austin) — has historically declined to prosecute many low-level marijuana possession cases

Diversion program availability, eligibility requirements, and terms vary by county and can change with new district attorneys. Consult a local attorney for current options in your jurisdiction.

Key Reminders