Legal Question in Civil Rights Law in Texas
Ilegal Search
Does law enforcment officials have the right to rearch a home with out a search warrant if they have a warrant for someones arresst that is at the location where the search takes place?
Asked on 9/04/00, 5:48 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Ilegal Search
The police have the right to seize any illegal item in plain view when they execute the arrest warrant. They also have the right to search the suspect, his immediate surroundings, and anyone in his company for officer safety, meaning firearms or other weapons. As a practical matter the police often exceed their authority, as a full search of the premises other than as I have described cannot be legally done without a warrant.
Answered on 10/05/00, 6:11 pm
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