When can police legally stop and search people?

When can police legally stop and search people?

| Mar 22, 2021 | Uncategorized

There are many different laws that people in Texas need to follow. Most of the time people follow these laws as well. However, there are many instances that people break the law. Sometimes they are caught and sometimes they are not. It is the burden of the police and the prosecutors to prove beyond a reasonable doubt that people are in fact guilty of a crime. In order to do this they need to have evidence that people committed the crime.

One of the basic freedoms that people have in Texas though is that they have a right to privacy. What they do in their homes is generally their own business and police do not have the right to simply barge into people’s homes or search them randomly. There are many laws dictating what police can and cannot do when searching property or persons. These laws all stem from everyone’s Fourth Amendment rights against unreasonable searches of their property and person.

Search and Seizure protections

Police cannot automatically search people or places where people have a reasonable expectation of privacy. This could be their home, apartment, business, luggage, vehicles, clothing and other areas as well. In order to search people or these types of places, police generally need to have a search warrant or arrest warrant signed by a Judge or probable cause a crime has been committed allowing them to enter the premises.

There are exceptions to these rules, but for the most part if a police officer enters private property without one of the reasons stated above, any evidence they obtain as a result could be suppressed. This means that the prosecution would not be able to use the evidence in the case against someone.

There are many people who are charged with crimes in Texas. This does not always mean that people are automatically guilty though. People are innocent until proven guilty and there could be defenses available to them. Many of these defenses start with whether the police legally obtained the evidence. Experienced attorneys understand the various defenses and may be able to help protect people’s rights.