Search and seizure is a well-known term used when a law enforcement officer seeks evidence of a crime on a person or property. The fourth amendment of the United States Constitution protects an individual’s due process rights and prohibits unreasonable search and seizure. Many states have adopted the right against such searches and have implemented similar legislation. Texas is one of those states.
Article one of the Texas Constitution states that a person has a right to privacy and to be secure in their “persons, houses, papers, and possessions.” Section 9 of the article states that a person has a right against an unreasonable search and seizure unless there is probable cause.
Why is this important, you may ask? The answer is pretty simple yet essential. If you face criminal charges based on evidence that law enforcement wrongfully took, the government cannot use that evidence against you in a court of law.
What Is Probable Cause?
Although the Constitution mentions probable cause as the basis for a reasonable search, the fourth amendment does not define probable cause. The courts, however, have interpreted the term as a legal criterion requiring law enforcement to believe that it is more probable than not that a crime has or will occur.
An officer must show that they have probable cause, whether seeking a warrant from a judge to search or conducting a warrantless search on site.
Probable cause is determined by looking at a totality of the facts at hand. In most cases, the threshold is whether or not a reasonable police officer would believe that a crime has occurred or will occur under the set of facts presented.
Warrantless Search And Seizure
There are some exceptions to search and seizure laws. These exceptions identify specific situations where law enforcement officers would not need to possess a search warrant before a search.
These exceptions include (1) evidence seized in plain view, (2) evidence seized during a lawful arrest, (3) evidence seized after the person consents to a search, (4) evidence seized on a person due to reasonable suspicion that a crime has occurred or will occur, (5) evidence seized in an automobile due to reasonable suspicion that a crime has occurred or will, and (6) evidence seized during a hot pursuit.
If you are facing a criminal charge, it is important to know your rights. How law enforcement gathers information is an essential part of a criminal case. The U.S. Constitution recognizes your right not to be searched without probable cause. If your case hinges on one of the exceptions to search and seizure laws, you must have a criminal defense attorney look at your case to determine its legality.
Reach Out To Vinas & Graham For Your Questions On Texas Search And Seizure Laws
Search and seizure laws were put into place because you as an individual have a right to privacy and to be safe in not only your home, business, vehicle but also on your person. The government must show that there is probable cause to believe that you committed a crime before violating those rights. Unfortunately, law enforcement infringes upon these rights daily.
If you feel your rights have been infringed upon and face criminal charges based on an illegal search and seizure, it is crucial to seek legal representation. The lawyers at Vinas & Graham, who have years of experience as prosecutors and defense attorneys, know the system well and can help. Follow them on Facebook or contact them today for more information.
