Police can search private property without permission in Texas under certain circumstances. In most cases, law enforcement officers need a warrant to search your home. However, in some situations, such as if officers believe someone in your home is in imminent danger, they can search your residence without permission.
If the police have charged you with a crime after obtaining evidence via an unlawful search, you have the right to hire an attorney. A skilled Texas criminal defense lawyer can protect your rights and work hard to get the evidence thrown out. With an attorney by your side, you’ll have an excellent chance of avoiding a serious criminal conviction.
When Can Police Search Without a Warrant?
As mentioned above, there are certain situations in which Texas police can search private property without permission or a warrant. Law enforcement officers may be justified in searching your private property without a warrant under the following circumstances:
- Police believe there is an immediate threat to life or property
- There is evidence on your property that is at risk of being damaged or destroyed
- Police believe someone in your home is in imminent danger
- Police are in hot pursuit of someone who entered your property
If one of these statements applies to your situation, police may enter and search your home or private residence without permission. If you’ve been accused of a crime and believe law enforcement officers conducted an illegal search of your property, you’ll want to hire an attorney to help you get evidence suppressed.
When Can the Police Search Your Person?
In most cases, the legal standard for searching your person is much lower than that required to search your property. If you’ve been placed under arrest, law enforcement officers can search your person without permission or warrant if they have probable cause to believe one of the following statements:
- You are concealing weapons
- You are concealing illicit drugs or substances
- You are concealing evidence
In a situation like this, having probable cause means that officers have reasonable grounds to suspect that you have committed a crime or that evidence of a crime is present.
For example, if a police officer observes you driving erratically and carelessly, they have probable cause to believe that you were driving while impaired and, therefore, have the right to search you for illicit substances or perform a sobriety test.
How Long Does It Take for Police to Get a Search Warrant?
Police must draft and file an affidavit explaining why they have probable cause to search your private property. The amount of time it takes for them to get a warrant depends on how long it takes them to complete this process. That means getting a warrant can take several hours, days, or weeks.
If you have reason to believe that law enforcement officers are in the process of obtaining a warrant to search your property, you’ll want to hire an experienced criminal defense lawyer. An attorney can get an early start on your case and build a strong defense argument against the charges you’re facing.
How a Criminal Defense Lawyer Can Assist You
Whether you’re facing criminal charges for drunk driving, assault, theft, or another offense, you’ll need the assistance of an experienced criminal defense lawyer to avoid unwanted penalties and prison time. Here’s what a skilled lawyer can do to protect your reputation and freedom:
- Investigate the charges made against you
- Gather evidence including witness statements, photos, police reports, and more
- Use evidence to build a robust defense case on your behalf
- Represent you during hearings, court dates, and other legal proceedings
- Protect your rights during police interviews
- Fight to suppress unlawfully obtained evidence
- Negotiate a plea bargain with prosecutors
- Present evidence in court and fight for acquittal, dismissal, or reduction of charges
- Explain when police can search private property without permission in Texas
These steps can be incredibly difficult to complete without the help of a dedicated lawyer. That’s why it’s critical to the success of your case that you find an attorney who you can trust. A committed lawyer can handle every aspect of your case and significantly increase your chances of receiving a fair verdict.
Schedule a Free Consultation With a Lawyer and Get Started on Your Case
Having your property searched, getting arrested, and facing criminal charges can be incredibly nerve-wracking. Fortunately, the Law Offices of Randall B. Isenberg can offer the legal counsel and representation you need to fight your charges and avoid life-altering consequences. Our firm has 30+ years of experience, so you can rest assured that your case is in excellent hands.
Contact us today to schedule a free consultation and learn more about your legal rights and options. We’ll answer any questions you have about your case and provide more information on when police can search your private property without permission in Texas. We look forward to hearing from you soon and representing your best interests throughout your case.
