Legal Question in Criminal Law in Texas

Re: Probable cause/illegal searches

Your questions are intertwined. As to the first questions the answer is: it depends. If an officer sees an individual brandishing a weapon at an individual as he robs him in plain sight the answer would be yes. If an officer sees two individuals he considers people that "might" be involved in criminal activity then no.

The Fourth Amendment to the U.S. Constitution imposes severe restrictions on the state in the areas of searches and seizures. A police is not allowed to act on mere hunches and by rounding up random undesireables. The police are required to provide objective factual descriptions that a crime has been committed and judges, not the police, make the ulitmate decision.

In short probable cause is a standard the police/state must meet before an individual's right to be free from unreasonable searches and seizures is to be denied. Probable cause requires the police to provide objective information as to an individual's criminal conduct. It cannot be based on a mere hunch however, it need not be such that it would prove an individual guilty beyond a reasonable doubt.

So, as to your question whether the police can search an individual's automobile without consent would depend on whether probable cause existed for the search. That is the facts of the case. Call or email me and we can discuss the facts(214)871-4900 or you can set up a free consultation.

Re: Probable cause/illegal searches

The 4th Amendment of the U.S. Constitution provides that no searches and seizures can occur without a warrant. However, there are exceptions to the warrant requirement.

Probable cause is generally defined as "reasonable grounds for a certain belief" or "more than a suspicion, but less than what is required for a conviction." The mobility of automobiles generally provide exigent circumstances, an exception to the warrant requirement. Thus, if an officer has probable cause regarding an automobile, a warrant will generally not be required.

There are many other exceptions to the warrant requirement. To know if your particular circumstances do or do not violate the constitution, you need to personally consult an attorney regarding all of the particulars of your individual case.