The Fourth Amendment of the U.S. Constitution addresses our rights against unreasonable search and seizure, which plays a critical role in many criminal cases.
The prosecution cannot use evidence that was obtained illegally to convict you, and the Fourth Amendment helps to ensure that they do not. If you are facing a criminal charge of any kind, you need an experienced Round Rock criminal defense attorney on your side.
Our Guaranteed Rights
Our legal system in the United States is based on the rights that we are guaranteed as citizens, which are laid out in the Constitution. Even if you are facing a criminal charge, you have rights and protections that apply, and when any one of these is violated, it can directly affect the outcome of your case.
The Fourth Amendment
The Fourth Amendment states the following:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
In fact, the Fourth Amendment goes beyond this by ensuring our safety from unreasonable search and seizure of our homes, our persons, and our papers and possessions.
All told, this means we are entitled to all the following protections as they relate to search and seizure:
That all searches made by the government must be reasonable
That searches require warrants that are based on probable cause – other than when a legally valid exception applies
That warrants must be specific about what the state has the right to search and has the right to seize
When a Warrant Is Not Required
The situations in which warrantless searches can be performed include all the following situations:
You consented to the search.
The police had reason to believe that the evidence sought would have been quickly destroyed had it not been seized.
The evidence obtained was in plain sight of the police officer.
The evidence obtained was located somewhere that afforded you no reasonable expectation of privacy, such as in a trash can by the curb rather than in your home.
The officer had probable cause – or a reasonable belief – that the vehicle searched contained evidence of a crime.
The evidence was seized in order to protect the officer’s safety.
For example, if the police put you under arrest, they have the right to search your person, your clothing, and the area within your immediate grasp. This is based on their right to protect themselves from any weapons that a person could potentially have hidden on or near them.
When a Police Search Is Considered Unreasonable
The Fourth Amendment helps protect us from overreach on the part of the police, and it kicks in when a search is considered unreasonable or unwarranted.
For example, if the police have no warrant and no valid exception applies, any search would be considered unreasonable. And this can be a very important concept when strengthening your defense.
When Search and Seizure Is Warranted
The State of Texas allows search and seizure on private property when the authorities conducting the search have a warrant that was issued by a judge.
Obtaining the warrant itself involves specific requirements. This includes demonstrating that the police have probable cause for making the search, which is achieved by attaching an affidavit that lists the specific facts and circumstances that speak to probable cause.
Probable cause in this context means that the officer seeking the warrant has reasonable grounds for believing that a crime was committed on the premises for which the search warrant is issued. If the facts would convince a reasonably prudent and discreet person that the crime in question was committed, the warrant is likely to be issued.
Once the affidavit is signed and submitted to the judge under oath, and if they determine that probable cause applies, a search warrant allowing the police to search within the parameters stated will be issued.
The Property Being Searched
Search and seizure laws allow the authorities to search and seize specific private property when they have a warrant to do so or when a warrantless search is admissible, and this can apply to all the following:
Your person and clothing
Your home
Your effects
Your vehicle
Your papers
Your storage unit
Your locker
The Exclusionary Rule
The truth is that the police sometimes get ahead of themselves and are more liberal with their search and seizure practices than they have the legal right to be. When this happens, an exclusionary rule is in place to protect our Fourth Amendment rights.
If your constitutional rights are violated in the process of search and seizure, any evidence obtained can be excluded from your case.
Further, if your arrest was predicated on an illegal search and seizure, the court may have no choice other than to drop the case against you altogether.
In other words, when law enforcement fails to follow the rules laid down for them in relation to search and seizure, it can directly affect the outcome of your case, and a reputable Round Rock criminal defense lawyer can help make that happen.
Know Your Rights
The State of Texas has additional legal safeguards in place that are designed to enhance federal protections, including each of the following:
In Texas, only police officers and prosecuting attorneys can seek search warrants, and in the process, they must confirm the truth of the information provided. Federal law, on the other hand, allows anyone in law enforcement to pursue search warrants.
In Texas, any evidence that is obtained via illegal search or seizure cannot be used in a criminal trial. If the means of gathering evidence violated the Constitution at either the state or federal level, the evidence obtained is not admissible in court.
Search warrant requests in Texas must include affidavits that provide enough information to demonstrate solid grounds – or that there are good reasons for conducting the searches.
Texas employs specific time limits for conducting search warrants, and the scope of each search area and the items searched must be clearly outlined in each warrant.
In Texas, the officers conducting searches must inform those being searched and must show them the search warrants, other than when a no-knock search is allowed.
No-Knock Warrants in Texas
No-knock warrants have come under increasing scrutiny throughout the nation, and there is a special focus in Texas.
So-called no-knock warrants allow officers to enter properties directly without announcing themselves, and they are generally reserved for circumstances that pose a high risk, such as when alerting the occupants would put the officers themselves in jeopardy or would likely lead to the destruction of important evidence.
In Texas, judges are most likely to issue no-knock warrants in cases that involve suspects who are considered dangerous, in drug and weapons cases, and in other volatile cases where safety or the destruction of evidence are of special concern. The basis of no-knock warrants is the urgency and risk associated with some law enforcement scenarios.
The controversy associated with no-knock warrants is based on a series of high-profile cases that ended with serious injuries or death. Critics of no-knock warrants point directly to the Fourth Amendment and our right to protection from unreasonable search and seizure.
The Evolving Status of No-Knock Warrants in Texas
While Texas still allows no-knock warrants, they have become more difficult to obtain over the years. The standard of proof required for judicial approval has become stricter, and the judges who issue it must be convinced that the potential infringement of rights involved is necessary to protect the officers or to preserve critical evidence.
While no-knock warrants are legal in some cases, the state emphasizes the importance of accountability.
Bans on No-Knock Warrants
Some states have banned no-knock warrants entirely, and many cities throughout the nation have done the same thing – based on their potential for misuse. While Texas has not banned these warrants, several large cities throughout the state, including Houston, Austin, Killeen, and San Antonio, have implemented much harsher requirements.
Ultimately, a balance between public safety and civil rights must be struck, but too often, both civilians and officers are harmed. The fact that no-fault warrants disproportionately affect minority communities has also drawn serious scrutiny.
Protecting Yourself and Your Rights
If the police waive a warrant in front of you and proceed to engage in a search and seizure mission – or even if they proceed with a no-knock warrant – there are steps you can take to help protect yourself at the moment and to protect your legal rights moving forward.
The bottom line at this point is that you must comply with the police in order to keep the incident from escalating and potentially becoming dangerous. From here, it is important to consider your Fourth Amendment rights.
Remain Calm
If your home or person is being searched, it is only natural to be on high alert, but if you allow your anxiety to kick in, it is not going to work in your favor. Even if the police do not have the legal right to make the search, they believe that they do, which means that your only option is compliance.
This is also an excellent time to invoke your right to remain silent and to have an attorney present. If, however, the police do not have a warrant to search your property but simply ask to do so, you are not required to allow them access, and you are advised not to.
In order to search your property, the police must have a good reason backing them up, and if they do not have it, you have the constitutional right to decline their offer. This is a good way to nip a potential legal problem in the bud and to shield yourself from unwanted police attention.
Document the Search
If the police do have a warrant, your options are limited, but this does not mean you are helpless. Your primary concern should be remaining both calm and silent, but you can also document the process, which can help bolster your defense as you proceed.
Taking notes about all the details involved, including the names of the officers as well as the time and the location, and how the search was conducted, can all serve you well.
What you can’t, however, do is interfere with the search in any way. While you are allowed to record the search on your phone, there can be complications involved. And if the warrant includes your electronic devices, this may not be an option.
Further, you do not want to do anything that could potentially get you arrested – even if it is based on flimsy grounds. Jotting down notes in real-time, however, is your right, and it can prove beneficial.
Reach Out for Skilled Legal Guidance
If you are at the point where the police are searching your property, it is time to consult with a resilient criminal defense lawyer. The sooner you have legal representation backing you up, the better protected your Fourth Amendment rights will be.
Do Not Delay Consulting with an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is well acquainted with the immense impact that Fourth Amendment violations can have on criminal cases, and he has the experience, legal insight, and drive to put this knowledge to good use on your behalf.
The outcome of your case is too important to leave to chance. A criminal conviction can have far-reaching and long-lasting effects on your life. It can hinder your ability to find housing, a job, or admission to a college.
So please, do not wait to reach out by contacting us online or calling us at 254-781-4222 and scheduling a free consultation to learn more about what we can do to help you today.