Sometimes, when police officers suspect someone of committing a crime, they go through the person’s property, vehicle, or belongings to search for evidence related to the crime. Such actions are often contrary to the law because the Fourth Amendment protects people from unreasonable search and seizure by law enforcement officers.
The law stipulates that how search and seizure are conducted will determine if the evidence collected will be admissible in court. Unreasonable procedures in police searches and seizures are one of the effective defenses lawyers from a reputable law firm in Texas can use to defend you if facing criminal charges.
It’s crucial to understand your fundamental rights when police officers stop, search, arrest you, and seize evidence to use against you. Lawyers with experience in criminal law provide an overview of what constitutes lawful search and seizure.
The Fourth Amendment disallows unreasonable searches and seizures, with the rule applicable at the state and federal levels. The laws limit law enforcers’ power, and if they overstep their mandate, you can file a motion to suppress evidence with the help of skilled criminal defense lawyers in College Station and Waco, Texas.
A search by police officers is unreasonable if:
Cases of unreasonable search and seizure are rampant, and listing every instance wouldn’t be possible. However, skilled criminal defense attorneys highlight the following outstanding examples:
If any of these or similar circumstances happen to you, consult skilled criminal defense lawyers in Texas immediately to protect your rights.
Some examples of reasonable searches that police could conduct even without a search warrant, based on reasonable suspicion, are:
In such cases, law officers must have your consent or probable cause to search. Ensure you note the events that led to a warrantless search and share the details with your criminal defense lawyers. They can evaluate the case to ensure the police didn’t violate your rights during the search.
When law enforcers conduct a search based on a warrant, it must be valid. A magistrate writes a search warrant, directing law enforcers to search a particular place for certain types of evidence. Judges only issue search warrants when police officers show beyond reasonable doubt that they have probable cause to believe a crime was committed.
When requesting a search warrant, officers must attach an affidavit that spells out the facts and circumstances creating probable cause, such as:
The affidavit must be signed and submitted under oath to the magistrate. Criminal defense attorneys explain that a search warrant is invalid if it fails to establish probable cause. A court can also invalidate a search warrant if it finds that the police were untruthful in the affidavit.
The Texas Code of Criminal Procedure defines specific situations allowing law officers to search and seize without a warrant. If it falls within these exceptions, the court will not consider it a violation of your Fourth Amendment rights:
You may think that you understand arrest, search, and seizure, but from a legal perspective, there’s much that you may not fully comprehend. It’s crucial to understand what the law says about these procedures and how courts determine if police violated your rights. Skilled criminal defense attorneys in College Station and Waco, Texas can defend you if they believe your search and seizure were unreasonable.
The Greening Law Group is a top-notch criminal defense law firm in Texas. We host aggressive and experienced attorneys who can passionately defend you when the system is against you. Whatever criminal charges you’re facing, let us evaluate if the police had reasonable suspicion or probable cause to search or arrest you. We can find loopholes to enhance a favorable outcome. Call us at 979-779-2000 to schedule a FREE case assessment.