Fulgham Hampton Criminal Defense Firm

Fulgham Hampton Criminal Defense Firm Building a Strong Defense for Your Case

08/29/2026

During a traffic stop, officers may ask questions that go beyond the reason for the stop—such as "Where were you born?" or "How long have you been in the country?"

But a traffic stop does not mean you have to answer every question an officer asks. In most routine traffic stops, your required information generally includes providing a valid driver's license, valid registration, and valid proof of insurance.

Questions about your background, travel history, or personal information may be investigative questions—not requirements of the traffic stop. You have the right to remain silent and can politely decline to answer questions you are not legally required to answer.

Stay calm, be respectful, and remember: knowing the difference between what police can ask and what they can require is an important part of protecting your rights.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/29/2026

A narcotics dog was brought in to sniff Timothy Miles' vehicle, but according to the footage, the dog did not alert to anything inside the vehicle.

So why was the vehicle searched anyway?

A negative canine sniff does not automatically make a subsequent search unlawful, because police may rely on other circumstances or develop another legal basis for a search. But when a search happens after a dog fails to alert, the circumstances surrounding that search matter.

What did the officers believe gave them the legal authority to search? Was there probable cause? Was there consent? Or was there another exception to the warrant requirement?

Body-camera footage is critical because it allows us to examine what actually happened and whether the officers' actions matched the legal justification they later gave.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/28/2026

A traffic stop does not give police unlimited authority to use force.

Officers are generally permitted to use force only when it is objectively reasonable under the circumstances. Punching someone in the face is not automatically justified simply because a person is being stopped or questioned.

In the incident involving Officer Barrineau, footage shows him throwing two punches during the traffic stop. That raises an important question: Was that level of force objectively reasonable based on what was happening at the time?

Body-camera footage can be critical in answering questions like this because it allows the public, investigators, and courts to examine what actually happened, not just rely on competing versions of events.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/28/2026

A DUI checkpoint does not mean your constitutional rights disappear.

While the U.S. Supreme Court has upheld the constitutionality of certain properly conducted sobriety checkpoints, officers are still bound by the Constitution. The Fourth Amendment continues to protect you from unreasonable searches and seizures, and officers must operate within the limits of the law.

That means the stop cannot automatically become a fishing expedition. If an officer wants to extend the stop, search your vehicle, or begin a separate investigation, there generally must be a lawful basis for doing so.

Knowing your rights is just as important at a DUI checkpoint as it is during any other police encounter. Stay calm, be respectful, and remember that constitutional protections don't end because you're driving through a checkpoint.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/27/2026

When Timmy Miles asked the officers a simple question, "Why am I being detained?" he was looking for the legal basis for the stop.

Instead of clearly explaining why he was being detained, the officers refused to give him a clear answer. That raises an important question: if you're being detained, shouldn't you be able to know why?

A person does not have to argue with police or physically resist a detention. But calmly asking, "Am I being detained, and what is the reason for the detention?" can help make the situation clear and create a record of what happened.

Knowing your rights, and calmly asserting them, matters during every police encounter.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/27/2026

Many drivers assume they are legally required to perform every field sobriety test an officer asks them to take. That's not true in every state.

The laws governing field sobriety tests vary by jurisdiction. In some states, these tests are generally voluntary, while in others, different rules or consequences may apply. That's why it's important to understand the laws where you live before you ever find yourself in a traffic stop.

Field sobriety tests are often used by officers to gather observations that may support probable cause for a DUI or DWI arrest. Knowing your state's laws can help you make informed decisions if you're ever asked to perform one.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/25/2026

The Haley Holbert case has sparked debate over the limits of police authority to demand identification.

According to the body cam footage and the case, Officer Haley Holbert demanded identification from a man who had not committed a crime and was not under arrest. Under Texas law, whether someone must identify themselves depends on the specific circumstances—not every police encounter creates a legal obligation to produce ID.

Knowing the difference between a request and a legal requirement matters. If you're unsure, stay calm and politely ask: "Am I legally required to identify myself?" Understanding your rights can help you make informed decisions during a police encounter.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/25/2026

Field sobriety tests are not perfect—and failing one does not automatically mean a person is impaired.

Balance problems, inner ear disorders, neurological conditions, physical disabilities, injuries, age, fatigue, anxiety, certain medications, and even uneven pavement or poor weather conditions can affect a person's performance. Someone who is completely sober may still struggle with these tests for reasons unrelated to alcohol or drugs.

If you have a medical condition or physical limitation that could affect your balance or coordination, calmly tell the officer before attempting any tests. That information may become important if the encounter is later reviewed.

Understanding the limitations of field sobriety tests is an important part of understanding your rights during a traffic stop.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/24/2026

When police come to your door, don't feel pressured to give up your Fourth Amendment rights just because they keep asking to come inside.

If officers don't have a warrant or another lawful basis for entry, they may ask for your permission. It's common for officers to ask more than once, but you can continue to calmly and clearly state: "I do not consent to any searches or entry into my home."

Your home receives the strongest protections under the Fourth Amendment. If officers have a valid warrant or another recognized legal basis to enter, do not physically interfere. But if they are asking for your consent, remember that you are not required to give it.

Stay calm, be respectful, and don't let repeated requests cause you to give up constitutional protections you intended to exercise.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

08/24/2026

The Haley Holbert case sparked debate over the difference between legal rights and "cooperation."

Following the incident, the police chief criticized Beard for not cooperating by providing his identification. But under Texas law, a person's legal obligation to identify themselves depends on the circumstances. Simply declining to provide ID does not automatically mean someone is breaking the law.

Exercising a legal right should not be confused with being uncooperative. Understanding when the law requires identification—and when it does not—is important for both citizens and law enforcement.

Knowing your rights can help you stay calm and make informed decisions during a police encounter.



*This content is for informational purposes only and is not legal advice. Viewing or interacting with this content does not create an attorney-client relationship. I am not your lawyer, and you should consult a qualified attorney for advice regarding your specific situation.

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