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TRBR. Todd Bennett, P.C.

Board Certified, Criminal Law Texas Board of Legal Specialization

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Police searches

Federal and state police i have the authority to search the property of Texas residents if they have justification under the Fourth Amendment to the United States Constitution. This includes, but is not limited to, conducting searches on an individual's premises or vehicle to collect stolen items, illegal goods or proof of illegal acts.

Law enforcement has to demonstrate that there is a greater chance than not that a crime has taken place. It also has to be proven that there is a likelihood that the proof of crime or stolen or illegal items will be found if a search is conducted. Police are required to present this proof to a judge in some cases. Only after the judge has issued the warrant can the search be considered legal. However, there are many cases that are considered to be special circumstances, allowing the police to conduct warrantless searches. Most of the searches conducted by law enforcement are executed without a warrant.

In situations in which individuals have no legitimate expectation of privacy, police are able to search and collect goods or evidence. In the absence,, no search is considered to have taken place.

Information from informants can be used by police to justify the search of private property. The police will have to prove the reliability of the information in that specific case. After a warrant has been issued, the police can go onto someone's property and look for the items referred to in the warrant.

Individuals whose property has been seized might want to speak with a criminal defense attorney. Even when a warrant has been issued, searches that exceed its scope might result in items that have been seized being ruled inadmissible.

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R. Todd Bennett, P.C.
1545 Heights Blvd. Suite 600
Houston, TX 77008

Phone: 713-752-2728 | Fax: 713-650-1602
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