So I realized in my last post, Patios, Porches, Police, and Backyards in Texas I somewhat put the cart before the horse. This post is to fix that. Also, this post is the fifth part of my posts on Fourth Amendment Exceptions. The Fourth Amendment Exceptions – Plain View involves things that officers see or smell. Searches
This post is going to focus on your home and the areas that surround it. The areas around the home, in the legal world, is called the curtilage. The curtilage has the almost identical constitutional privacy protections as does your home. The reason why is because this part of your property is so closely related to
Can You Get Arrested for DWI at Under .08 in Texas? The short answer is YES. I’m going to explain why in this blog post. Recently, one of my friends asked me this question so I figured I would write on this topic. I’m sure he’s not the only one who has had this question. People
This problem comes up more in older cases than new ones. Cell phones have become more and more important in our lives as time has gone on. Remember – ALWAYS, ALWAYS, ALWAYS KEEP A PASSWORD ON YOUR PHONE. We’ve come a long way since flip phones and phones without text messaging. The reason why, is that
Is synthetic marijuana illegal in Texas? Yes. The issue of synthetic marijuana is hot in Texas. Synthetic marijuana is sometimes sold as a “potpourri” and has names such as K2, Spice, Black Mamba, Bombay Blue, Genie, and Zohai. Either way, Spice, K2, and Synthetic Marijuana in Texas are illegal as of September 1, 2015. Law makers, law
This post is going to be an offshoot of a previous post on Fourth Amendment Exceptions – Consent. Remember, police need a warrant (approved by a Judge) to search your home or vehicle, unless there is an exception. We’re talking about a Search Warrant. There is a big difference between a Search Warrant vs Warrant
For the most part, yes, police can search through your trash. If you’ve read some of the previous posts about Search Warrants or the Exceptions to the Need for Search Warrants, then you’d know why. If you haven’t read those, go back and read one of them. Searches without a warrant by police are presumed
This problem comes up over and over again from clients. It doesn’t just apply to phone calls. It also might apply to emails, texts, faxes, or letters. I’ve heard this from prospective clients who have recently fired their lawyer. I’ve also had some of my own clients say that I don’t get back to them
I’m writing about this issue because it has come up for me recently. This situation also deals with the Travis County Sheriff’s Office. But this post isn’t specific only to the TCSO. Most driver’s license suspension hearings are due to an arrest for DWI. If you read some of my previous posts, I explained the
I realize this situation doesn’t come up very often but I think it’s worth talking about. At some point or another, most of us have seen or heard about police “frisks” or pat downs. Whether it’s on Law and Order or some other show, people know them when they see them. I want to explain
No, that picture hanging above isn’t oregano! Legalization of marijuana has been in the national news. Some states have made recreational use legal. Currently, marijuana is still illegal under Texas and Federal Law. What you might think is a small amount of weed can actually be a felony. So, how much weed is a felony
When it comes to criminal cases, your case may be assigned to a Justice of the Peace Court, Municipal Court, County Court, or District Court. A Justice of the Peace Court in Texas and a Municipal Court for example (City of Austin, City of Round Rock, City of Georgetown) handle the same level of criminal
