Legal Question in Criminal Law in Texas
Is it legal during a raid for illegal gambling &8 liners to search with no search warrant especially if asked. The warrant was brought later that evening 4 hrs. after the raid. Also the warrant never mentioned to search for drugs. But sumone was arrested and charged w pocs ununderarm. But there's no mention of it in the search warrant confiscation list. Also the address was wrong and the description of building wasn't correct
1 Answer from Attorneys
If the cops come into a place and see illegal activity, they can leave to go get (or send for) a warrant. They do not have to leave the place unattended where evidence could be disposed of.
There need not be any warrant to seize illegal drugs that are found during an otherwise legal search.
The address and description will not matter if the cops were already there when the warrant was obtained. It MAY matter (very weak may) if they obtained the warrant and then went to search. Law has weakened on that over the years.
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