Denton Criminal Attorneys

Search and Seizure

Every individual has the right to be protected from illegal search and seizure by the 4th amendment to the US Constitution. This gives protection against unlawful search and seizure in order to balance the needs of society to protect itself and the rights of citizens to privacy and to the integrity of their property.

Law enforcement officials exist to ensure that we are allowed to retain the right to personal freedom. Unfortunately, law enforcement officials sometimes overstep their boundaries. This is particularly true in traffic stops.

In addition to during traffic stops, officers have been known to seize property and cash in conjunction with drug investigations. There is a recent trend in law enforcement that is upsetting. Officers have been randomly and unjustifiably seizing cash and property after the mere allegation of a drug crime.

The 4th amendment in the Bill of Rights requires a warrant in order to make a search or a seizure. To obtain a warrant, an individual has to be able to show probable cause which is supported by oath or affirmation. The warrant must describe in very particular terms the place to be searched as well as the persons or things that are to be seized.

Without a warrant, an officer of the law must obtain an individual’s consent in order to search a location. While this seems straightforward, the police frequently trick people into giving consent to a search.

If your property has been seized illegally or you feel your home or car has been searched illegally and charges resulted from that, contact the Denton criminal defense lawyers of Alexander & Associates at 972-420-6560 to discuss your case and to determine the best plan for your defense.