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TRBR. Todd Bennett, P.C.

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38-year-old Bacliff woman accused of selling crack

On Dec. 11 at approximately 4:15 p.m., the Galveston County Sheriff's Office Special Crimes Unit entered a residence on Chase Stone Drive in Bacliff. They claim to have obtained a search warrant to search the home for narcotics. Following the raid, the resident, a 38-year-old woman, found herself charged with drug offenses.

Police claim that, upon entering the home, they found a digital scale, 9.1 grams of cocaine, 18.7 grams of crack cocaine and $339 in cash. The woman faces one charge of manufacture and delivery of a controlled substance, which is a felony. A judge set her bail at $60,000. It was not stated whether she was able to secure her release. At the time of her arrest, the woman was on probation. There was no indication as to whether she might be charged with violating her probation.

The Fourth Amendment to the U.S. Constitution promises that citizens may be free from unreasonable searches and seizures when in their own homes. That means that police officers may not enter a home without a search warrant signed by a local magistrate that is backed by an affidavit. The affidavit must give a reasonable person probable cause to believe that a crime has been committed and that evidence will be found at the stated address.

Any time a person is arrested following a police raid, a local criminal defense attorney may be able to review that affidavit to see if there is any basis for attacking the warrant. It may be possible to file a motion to suppress evidence. If the motion is successful, it may be possible to move to dismiss charges. An attorney may review the evidence to help provide a competent defense.

Source: KHOU-TV, "Woman accused of being crack dealer arrested in Bacliff drug bust", December 12, 2013

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Houston, TX 77008

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