Searches by law enforcement officers are a significant part of an arrest and prosecution for a criminal case. A police search and seizure can yield evidence to strengthen the prosecutor’s case against you. The Constitution protects all citizens against unlawful searches. For this reason, a law enforcement officer cannot search your property without a valid warrant.

Many criminal cases in Texas are built on evidence collected through unlawful searches. Unlawful searches violate your constitutional rights; you can use the illegal search and seizure defense to defend your criminal case. A successful defense can result in dismissing the evidence or case.

If you are a victim of unlawful search and seizure, you will require a skilled legal team to uphold your constitutional rights and fight for your future.

An Overview of Search and Seizure Laws in Texas

The U.S. and Texas constitutions protect individuals from unreasonable searches and seizures. However, some exceptions allow law enforcement to conduct searches in specific situations. The law requires police officers to obtain a warrant before conducting searches or making arrests.

 Probable cause must support the court's request to obtain a search warrant, describing the search scope and the items subject to seizure. Section 9 of the Texas Constitution mandates that search warrants be supported by probable cause or an oath of affirmation.

Search Warrants In Texas

A search warrant is a legal document that authorizes law enforcement officers to search a specified location or person. A magistrate or a judge can issue a search warrant.

The key features of search warrants in Texas include:

  • Probable Cause. Before obtaining a search warrant, police officers must show probable cause that a crime occurred. Additionally, they must prove that the evidence for the crime could come from the scope of the search.
  • A search warrant must describe the location of the search and the items subject to seizure. For example, if law enforcement officers suspect that you have illegal substances in your basement, the search warrant must specify that the search will occur at this location.
  • Execution of search warrants. Law enforcement must generally execute a warrant during daylight hours. However, there are emergencies under which this rule does not apply.
  • Knock and announce. Police officers must knock and announce their presence before entering a property. However, there are exceptions if announcing poses a danger to another person or risks evidence loss.
  • Return of the warrant. After executing the search warrant, a law enforcement officer must return it to the court. When returning the warrant, the officer must provide a detailed inventory of the scope of the search and the items seized.

Locations Targeted by Search Warrants

In Texas, a judge or magistrate can issue search warrants for different locations depending on the nature of the investigation. Common locations that the search warrants target include:

  • Private residences. Law enforcement can obtain a warrant to search a home. The court will issue the warrant if there is probable cause to believe it contains evidence of a crime. Evidence collected during private home searches includes illegal drugs, stolen property, or firearms. The warrant must specify the areas of search within the home.
  • Business premises. Police officers can execute a warrant on commercial or business premises. Search warrants for business premises are common for fraud and other white-collar crimes.
  • Vehicles. Courts issue search warrants for cars when they believe they contain evidence of a crime. The warrant, in this case, must describe the vehicle in detail.
  • Electronic devices. With the rise of digital crime, search warrants may also target computers, phones, and other electronic devices. Searching these devices helps to seize data such as emails, photos, or texts. The prosecution can use the information as evidence in a criminal case.
  • Public locations. Although less common, the court can issue a search warrant for a public space, such as parks or parking lots. Search warrants for public areas apply when officers suspect the presence of criminal evidence in the area.

Types of Unlawful Search and Seizure in Texas

Texas and federal laws regulate when and how law enforcement can conduct searches and seizures. When officers violate these rules, the search or seizure is considered unlawful. Typical forms of illegal search and seizure include:

Search Without a Warrant

Police officers must obtain a search warrant from the court before searching you or your property. A search without a valid warrant is a typical example of unlawful search and seizure. Before obtaining the warrant, the officers must show probable cause that a crime occurred. Additionally, they must believe that the evidence of that crime will be found in the scope of the search.

If you are a victim of a warrantless search, the court can suppress the evidence obtained from such a search. Suppressing some evidence from your case can weaken it and increase your chances of avoiding a conviction. However, there are exceptions under which the police officers do not need a warrant. These instances include:

  • Emergencies where the officers can lose the evidence
  • When there is a risk to public safety
  • When the evidence is in plain sight of the officer

Search With a Faulty Warrant

Law enforcement officers must have a valid warrant to search you or your property. The following factors could make a search warrant invalid:

  • Lack of probable cause
  • Insufficient specificity
  • Stale warrant

Under Texas law, a search warrant must describe the location of the search and the items under seizure. If it is broad or vague, you can challenge it in court. A search based on a defective or invalid warrant is unlawful. For example, a search warrant for a home is invalid if it does not list the items they must seize.

Search Without Probable Cause

Probable cause is an essential principle under Texas and federal law. Law enforcement officers must have probable cause to believe that a crime has occurred before conducting a search or seizure. Probable cause requires more than a mere suspicion or a hunch. It requires circumstances that would cause a reasonable person to believe that a criminal act occurred.

A search is considered unlawful if law enforcement searches without probable cause. Police officers must establish probable cause before a search or seizure unless a recognized exception applies.

Excessive Use of Force During a Search

The constitutional protection against unreasonable searches and seizures includes how they are conducted. Even when law enforcement officers have a valid warrant, they must search reasonably.

Excessive force during a search can make it unlawful. Acts of unreasonable force in search could include breaking down a door or harming the property owner. Texas courts can suppress evidence obtained in situations where officers use excessive force.

Search With an Invalid Consent

Consent to a search is a common exception to the warrant rule. However, the subject of the search and seizure must consent voluntarily. If officers pressure you into consenting to a search, the consent becomes invalid under Texas law. Police officers can coerce you into giving your consent by threatening an arrest or other criminal consequences. The search is unlawful in such cases, and the court can suppress the evidence obtained.

Search Without a Lawful Arrest

Police officers in Texas can conduct a limited search of a person if they have probable cause for an arrest. However, the search is unlawful without probable cause to arrest. The rule is essential for "stop and frisk" procedures.

Officers can stop a person based on reasonable suspicion of criminal conduct. However, they cannot conduct a full search without probable cause. Evidence seized during an unlawful search or seizure is inadmissible in court.

Search Beyond the Scope of the Warrant

The search scope is included when a law enforcement officer obtains a warrant. A search warrant becomes unlawful if the officers search beyond the scope authorized by the warrant. For example, if a warrant authorizes the search of a specific room in a house, law enforcement officers cannot search other rooms.

The court can exclude evidence seized from an area outside the warrant's scope. The rule to search within the warrant's scope applies even when the officers execute the search in good faith.

Seizure of Property Without a Warrant

Under Texas law, police officers can seize property, funds, and other items linked to criminal activity. However,  seizures of personal property must rely on a warrant. If law enforcement seizes property without a valid warrant, it constitutes an unlawful seizure.

The rule applies if the property is not within immediate sight or threatens public safety. If the court considers a seizure unlawful, it can order the return of the property. Additionally, any evidence obtained from the illegal seizure is rendered inadmissible.

Unlawful Search During an Arrest

Texas law allows searches of a person and their immediate surroundings after a lawful arrest. These searches ensure an officer's safety and prevent evidence destruction. However, if the search goes beyond what is necessary to ensure safety or preserve evidence, the search may become unlawful.

Illegal Use of Drug-Sniffing Dogs

In Texas, police can use drug-sniffing dogs to conduct searches. However, this tactic must be reasonable. A search that involves a drug-sniffing dog is unlawful when conducted without probable cause or a valid warrant.

Exceptions to the Search Warrant Requirement in Texas

Police officers must have a valid search warrant before searching or seizing your property. However, there are several exceptions to this rule. Texas law and U.S. Supreme Court rulings recognize these exceptions. The exceptions allow law enforcement officers to search and seize property without a warrant. They include:

  • Consent. A search warrant is unnecessary if a person voluntarily consents to a search. However, if the prosecutor argues that you consented to a search, they must prove your consent was willful. A person willfully consents to a search and seizure if they understand the nature and consequences of their decision. You can withdraw consent anytime, and the officers must stop the search immediately.
  • The plain view doctrine states that if law enforcement officers are present in a location and observe illegal items in plain view, they can seize them without a warrant. However, the officers must have the legal right to be in the location where they observe the evidence.
  • Exigent circumstances. In emergencies, law enforcement may search or seize property without a warrant. Emergency circumstances arise when there is an immediate need to act. An officer can justify a warrantless search if there is a risk of evidence destruction or there is a risk to public safety. Another instance when the officer may not need a search warrant is when the suspect attempts to flee.
  • Search incident to arrest. When you face an arrest, law enforcement officers can search you without a warrant. Additionally, they can search your area of immediate control to prevent evidence destruction.
  • Automobile exception. Law enforcement can search your vehicle without a warrant. However, they must have probable cause to believe it contains evidence of a crime. The mobility of vehicles and the potential of losing or destroying evidence justifies this exception.
  • Stop and frisk. Law enforcement officers may stop and search you if they suspect your involvement in criminal activity. During these stops, officers may frisk you for weapons and other illegal items. Under these circumstances, the officer will not need a warrant.
  • Border searches. At international borders, customs officers may conduct searches without a warrant. The unique need for border security and national security concerns justifies this exception.
  • Community caretaking doctrine. Law enforcement may search or seize property when performing community caretaking functions. These searches aim to ensure public safety and protect individuals from harm.

If the search of your person, home, or vehicle falls under these exceptions, you cannot use unlawful search and seizure as a defense. Therefore, the prosecution can use the evidence the law enforcement officers collected.

Consequences of Unlawful Search and Seizure in Texas

The Texas Constitution provides protections against unreasonable searches and seizures. A violation of these laws by law enforcement officers results in serious repercussions. The consequences of the violation will affect the evidence obtained during the violation. They include:

Exclusionary Rule

The exclusionary rule is the most significant consequence of violating search and seizure laws. The legal doctrine prohibits the use of evidence obtained through illegal searches. If law enforcement officers conduct a search or seizure without a warrant, you can petition to dismiss the evidence collected.

Most cases involving unlawful searches and seizures rely on the evidence collected. A dismissal of the evidence can weaken the prosecutor's case and reduce the likelihood of a conviction. If the illegal search leads to the discovery of other evidence that the officers would have discovered through lawful means, the evidence is still admissible.

Alternatively, law enforcement officers can show that they acted in good faith. The good faith belief means that they worked within the bounds of the law.”

Civil Lawsuits

Civil remedies are available to victims of illegal searches. If government representatives violate your rights, you can sue them. You can pursue damages resulting from the violation by bringing a civil case. Damages may include property damage or psychological suffering.

Officers' Criminal Prosecution

Law enforcement personnel who break search and seizure regulations can face criminal charges. The officer will face a conviction if the prosecution demonstrates that they willfully violated your rights. Officers are rarely prosecuted for crimes. However, with enough evidence, the charges can stick.

Effect on Public Confidence

Persistent violations of search and seizure laws can damage public confidence in law enforcement and cause the public to question its credibility, which breeds mistrust. Officers must adhere to the correct procedures to enforce the law.

Can You Refuse a Search and Seizure in Texas?

Yes. You can refuse a search if an officer lacks a valid warrant or probable cause to believe you committed a crime. Unfortunately, depending on the circumstances, a refusal may escalate the situation or result in arrest.

The U.S. and Texas constitutions protect citizens from unlawful searches and seizures. Therefore, if the officers succeed in entering your home and conducting an illegal search, you can use unlawful search and seizure as a defense to your case. In most cases, the court will render evidence collected in an illegal search and seizure inadmissible.

Find a Skilled Criminal Defense Attorney Near Me

Police officers will search your person, home, or vehicle if they suspect you committed a crime. Additionally, you can undergo a search if a person tips the law enforcement officers of your involvement in criminal acts.

Preventing unlawful searches and seizures protects citizens from misuse of power. An illegal search and seizure occurs if an officer searches your home or property without a valid warrant. Additionally, searches beyond the warrant's scope violate your rights. If you can prove the illegal search or seizure in your case, the court can dismiss the evidence obtained.

Therefore, you will need expert legal guidance to navigate them. At Andrew Deegan Criminal Attorney at Law, we understand the Texas search and seizure laws. We will offer the guidance and representation you need to navigate your case in Fort Worth, TX. Call us at 817-689-7002 to discuss your case.