When the police accuse you of committing a crime, they generally need evidence to support their claim. Before they can search your property for evidence, they must obtain a search warrant. It’s important to understand that you don’t have to consent to a search. If the police are issued a search warrant, you are required to allow them to execute a search. However, there are various rules surrounding warrants and probable cause, which are intended to protect your civil rights. If you believe you are the victim of an unreasonable search and seizure, it’s in your best interest to contact a skilled Dallas County Criminal Lawyer who can help protect your rights.
What Probable Cause is Needed to Issue a Search Warrant in TX?
In Texas, a search warrant is a legal document that authorizes law enforcement officials to enter and search premises. This court order enables officers to search for a certain person, a specified place, or an automobile for criminal evidence. Essentially, a search warrant is a prerequisite of a search, which is intended to protect individuals’ reasonable expectation of privacy against unreasonable government intrusion. The Fourth Amendment of the United States Constitution protects people from unlawful government searches and seizures.
Before a search warrant can be issued, law enforcement officers must demonstrate probable cause. The court will not grant an officer a search warrant without sufficiently illustrating why they believe that evidence of a crime may be found at the specified location, or that criminal activity is taking place.
After a police officer obtains a search warrant, they are legally permitted to enter your home and search your property. However, it’s important to note that search warrants contain extremely specific details regarding the area and property that may be searched and the items that may be searched for. In Texas, police officers are required to first knock and present residents with a search warrant before entering the home. If the resident doesn’t consent or comply, it will not affect the legality of the warrant.
What Should I Do if My Civil Rights Are Violated?
If you believe you were the victim of an unconstitutional search, it’s imperative to enlist the help of an experienced lawyer who can help challenge the evidence against you. Your lawyer can file a motion to suppress evidence collected if it was derived from an unreasonable search and seizure. If successful, the prosecution will be barred from presenting specific evidence during your trial. This can weaken the prosecution case against you, increasing your chances of achieving a favorable outcome.
As you can see, there are various nuances surrounding search warrants in Texas. That’s why it’s important to have an experienced lawyer by your side as they can help you understand your rights and options. At Spangler Law, we are prepared to represent your interests. Connect with our firm today to discuss your case.
