In Texas, the law protects you against unreasonable searches and seizures. However, the police often violate these rights, so it is critical to understand your rights under the law. If you believe that you were the victim of an unlawful search and seizure in Frisco, you should reach out to an experienced criminal defense attorney.
What Law Protects Against Unlawful Search and Seizure in Texas?
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures by law enforcement. It states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The goal of the Fourth Amendment is to protect people’s right to privacy against unreasonable intrusions by the government. Its protection extends to arrests and stops by law enforcement and searches of a person, their home, and other places where they have a reasonable expectation of privacy. Texas state law has its own version of the Fourth Amendment.
Not all searches and seizures are illegal. A search or seizure is only unlawful if it is done without a search warrant and without probable cause to believe that evidence of a crime is present. Probable cause means there is a reasonable basis for believing that a crime has occurred. The search warrant must be limited to a specific place and officers must use the warrant to locate the specific items identified in the warrant.
What are the Exceptions to the Fourth Amendment Warrant Requirement in Texas?
Most warrantless searches in Texas are prohibited under the Fourth Amendment. However, there are limited situations where law enforcement can conduct a legal search and seizure without a warrant.
• Exigent Circumstances. A warrantless search or seizure is permitted under emergency circumstances that justify immediate action. Exigent circumstances exist when the officer is preventing imminent danger to life or serious property damage, stopping the suspect from escaping, and preventing the destruction of evidence.
• Plain View. Law enforcement can seize evidence that is in plain view. An item is in plain view if it is not hidden and can be seen without moving any other items. For example, if you are pulled over for speeding, the police can seize drug paraphilia lying on the passenger seat.
• Consent. Law enforcement does not need a warrant if you consent to the search. The police do not need to inform you that you have the right to refuse consent or that any evidence found can be used against you.
• Incident to a Lawful Arrest. After a lawful arrest, the officers can conduct a search within the arrestee’s immediate control for the purpose of protecting the officer’s safety, preventing escape, and preserving evidence.
What Happens if You Were the Victim of an Unlawful Search and Seizure in Frisco?
If you believe that you were the victim of an unlawful search and seizure, you should reach out to a qualified Frisco criminal defense attorney. Although an illegal search or seizure does not automatically mean that your criminal case is over, it can have significant consequences.
According to the exclusionary rule, the government cannot introduce evidence that law enforcement obtains from an unlawful search and seizure in court. The exclusionary rule applies to all evidence directly obtained from the illegal search and seizure and any additional evidence derived from the initial evidence. This evidence is referred to as the “fruit of the poisonous tree.” For example, if the police illegally recorded a phone call without getting a warrant, the transcript would be inadmissible. Suppose that the police heard where a suspected drug dealer keeps the contraband during this recorded conversation. Any drugs found after collecting this information would also be inadmissible in court.
The state has the burden of proving beyond a reasonable doubt that the defendant committed the crime. Many times, once illegally obtained evidence is excluded, prosecutors will not be able to meet that burden to prove that the defendant is guilty. An experienced criminal defense attorney can review your case and determine whether your rights were violated.
Your Frisco Criminal Defense Attorney
If you believe that you were the victim of an unlawful search and seizure, you should reach out to an experienced criminal defense attorney. Philip D. Ray will fight your charges with an aggressive and strategic defense. Call Philip D. Ray today to schedule a consultation at 469 588-6770.