The Consequences Of Unlawful Search And Seizure In Texas
The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable government searches and seizures. This fundamental right is also enshrined in the Texas Constitution, providing an additional layer of protection against governmental overreach.
Whether law enforcement overstepped their legal boundaries and found a gun during a traffic stop, visited your home to gather evidence illegally or violated your Miranda rights, many defendants prone to trusting law enforcement don’t even realize that officers overstepped their legal boundaries. Our experienced criminal defense attorneys at Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., understand the difference between legal and illegal search and seizure. They can defend your rights, helping protect your reputation, career and life by fighting unlawful search and seizures.
The Fourth Amendment And Probable Cause
The Fourth Amendment ensures that any search or seizure by law enforcement must be reasonable and typically requires a warrant based on probable cause. One of the most important legal concepts in any search and seizure case, probable cause, dictates that there must be a reasonable basis for believing that somebody committed a crime and that evidence of the crime is present in the place they searched. Generally speaking, a neutral and detached magistrate issues a warrant, which must specify the search’s location and the items to gather as evidence.
Exceptions To The Warrant Requirement
In Texas, as elsewhere, there are exceptions to the warrant requirement. For instance, if an officer has probable cause to believe that a vehicle contains evidence of a crime, they may search the car without a warrant due to the mobility of vehicles and the potential for evidence to be moved. Another common exception is consent; if an individual voluntarily consents to a search, a warrant is not necessary. Additionally, searches incident to a lawful arrest, difficult circumstances and items in plain view are also exceptions to the warrant requirement.
Exclusionary Rule Dismisses Any Illegally Gathered Evidence
Despite these exceptions, any search or seizure not complying with the legal requirements is deemed unlawful. An illegal search and seizure can have significant consequences, particularly in criminal cases. Under the exclusionary rule, any evidence obtained through an unlawful search or seizure cannot be used in court. This rule deters law enforcement from violating constitutional rights and upholds judicial integrity by not allowing illegally obtained evidence to taint the judicial process.
Legal Recourse And Defense Strategies
In Texas, defense attorneys often file motions to suppress evidence to challenge the legality of a search or seizure. If a court grants such a motion, the evidence is excluded from trial, which can sometimes result in the dismissal of charges if the prosecution’s case relies heavily on that evidence.
Individuals who believe their rights were violated should seek legal counsel to explore their options. Call Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., today to discuss the details of your case with a knowledgeable criminal defense attorney who will aggressively defend their client’s rights if there is an illegal search and seizure. Call our offices in Midland at 432-741-3803 or 800-749-7675, or use our website to schedule an appointment.