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
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
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
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
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
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
Exception #2 Search Incident to Arrest In one of the last posts I wrote about exceptions to police needing a Warrant under the Fourth Amendment. Whether it’s a search warrant or an arrest warrant, once you’re arrested, a police officer can search you, your clothes, and the area immediately around you. At this point, the
What does it take for a police officer to search you or your car? Probable Cause. What is probable cause? In Texas, probable cause has a very slippery definition. It’s hard to explain and even harder to outline its boundaries. Basically, probable cause is the amount of details, evidence, or information that a police officer
