Category Archives: Search and Seizures
The Forfeiture Epidemic: When the Government Just Takes Your Property and Keeps It
Many people here in Dallas and around the State of Texas naively assume that their property is theirs, protected by state laws and the federal Constitution from being taken from them without legal due process. They are wrong. There are laws on the books, passed by the Texas Legislature and the U.S. Congress, that allow…
Navarette v. California: Supreme Court Okays Anonymous Tip for Traffic Stop — We’ve All Lost Something Today
Back in January, we warned about what happened today: the United States Supreme Court has okayed police pulling people over to search their vehicles based upon an anonymous tip in the case of Navarette v. California. In February, we were still reeling from the SCOTUS decision in Fernandez, where they found it legally permissible and…
Privacy of Lawyer-Client Communications In Danger: The Growing Need for Greater Protections of Communications Between Attorney and Client
A couple of weeks ago, the American Bar Association (ABA) wrote the National Security Agency (NSA) about several concerns that lawyers all over the United States have (regardless of whether or not they are members of the ABA) regarding news that the NSA collecting confidential communications between an American law firm and its client, with…
The Power of the Police to Search Your Home and Property: 2 New High Court Opinions On When Police Can Search Without a Warrant in Texas
It seems like there are weekly, if not daily, news stories covering excessive force or unwarranted use of police power by law enforcement officers around the country and it is only through the criminal justice system – particularly criminal defense fights and judicial reasoning and opinion – that people can find justice from overzealous police…
U.S. Supreme Court Will Make Big Decisions on Your Privacy Rights from Police this Year: the Boundaries of Law Enforcement Intrusion
Yesterday’s State of the Union address is still the talk of many today, with many discussing the extent of the executive branch’s power and exactly what “checks and balances” means. However, for many criminal defense practitioners there’s more to be considered in 2014 than what the President or Congress may be doing up in Washington,…
Six AM No Knock Warrant Gets Burleson County Deputy Killed as Homeowner Arrested for Capital Murder: Is There an 1983 Suit Here?
Around an hour before sunrise one Thursday this month, in rural Burleson County near the town of Somerville, a man named Henry Goedrich Magee was awakened to the sound of someone breaking into his mobile home and as his lawyer explained later, thinking that he was the victim of a home invasion, Magee grabbed his…
New Texas Court Case May Allow Police to Search Your Home Without a Search Warrant or Your Okay
On television, the police cannot come into your home without (1) a warrant or (2) your approval and consent — unless they’ve got a really, really good reason (like they can see someone on the living room floor unconscious by looking through the no-curtained window). Perhaps you learned in class while in high school or…
Texas Marijuana Laws: Strict Drug Laws Now as Marijuana is Absolutely Illegal in Texas, But Will This Change and Can You Still Be Arrested for Pot in Texas?
Make no mistake about it: marijuana is 100% illegal in the State of Texas. It doesn’t matter if you are a marijuana farmer with a huge crop for harvest, or a marijuana distributor with lots and lots of product, or a recreational user with a tiny bit of pot in your possession: having any amount…
Dog Sniffing Searches and the Fourth Amendment of the U.S. Constitution: Have Your Privacy Rights Against Unreasonable Search and Seizure Gone to the Dogs in Texas?
Dogs are great, and no one is going to challenge that dogs have the ability to hear and to smell things that human beings cannot. Dogs, after all, have the ability to hear sounds at a much larger frequency range than humans — from 67 Hz to 45 kHz (humans max out at 23 kHz)….
Texas Criminal Defense Lawyers Do Not Trust Prosecutor’s Crime Lab Forensic Evidence, When Will Public Become Aware that Crime Lab Results Aren’t Like TV Forensics?
Forensic evidence seems so darn scientific and reliable when you watch TV. Unfortunately, things are NOT the same in the real world as they are on television shows and we’ve been monitoring how bad Texas Crime Labs can be in processing evidence to be used in criminal trials for a long while now. (See, for…
