Fourth Amendment Exceptions – Community Caretaking

Fourth Amendment Exceptions – Community Caretaking

This post is about another of the exceptions to the Fourth Amendment’s warrant requirement. In previous posts I explained some other exceptions. The Community Caretaking exception is similar to the Fourth Amendment Exception of Exigency. However, the difference between the two is very important. Exigency usually deals with the pressing needs of law enforcement, investigating

Can Police Search Your Cell Phone in Texas?

Can Police Search Your Cell Phone in Texas?

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

When Is an “Arrest” Not an Arrest?

Most people think that they’re arrested only when the silver bracelets are put around their wrists. In Texas, that’s not so. One of the things I look closely at, when I receive your criminal discovery, is when the police legally “arrested” you. You have Constitutional protections when it comes to arrests and searches. Depending on

Fourth Amendment Exceptions – Consent

Fourth Amendment Exceptions – Consent

This is the third part in my series of posts on Fourth Amendment Exceptions. The Fourth Amendment requires police officers to get search warrants from a Judge when they want to search you, your home, your car, your office, etc…  If you remember from previous posts,  Fourth Amendment Exceptions are situations where police don’t need