Legal Question in Criminal Law in Texas

Hello, if the police knock on my door in response to an anonymous 911 call claiming that someone had a gun outside & I open the door and walk outside does this give the police the right to go into my place? I was the only one home & no crime was being committed. I was placed in handcuffs and put in a police car. During this time the police were inside my apartment. They arrived later with a search warrant, no one was home. A copy was left on a dresser but not an inventory list of what was confiscated.


Asked on 3/15/12, 9:01 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The general rule is that a search warrant is necessary unless there are "exigent circumstances"

About the only exigent circumstances to enter a residence without the consent of the owner are to protect another or to prevent a crime in progress. However there must be evidence of these before the entry.

My opinion is that the warrant must exist before the search not after. Otherwise all the police would have to do to cure a bad search would be to get a warrant afterwards.

The search warrant that was left in your apartment is invalid if it is based upon evidence obtained when the police entered your apartment unlawfully before.

Suggest you see a local criminal defense attorney.

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Answered on 3/15/12, 9:44 pm


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