Legal Question in Criminal Law in Texas

Re: search warrants

Yes, you should have been shown the search warrant unless there was some form of exigent circumstances that would have allowed the sheriff to enter through a no knock entry.

The warrant should state what they are looking for and where they are allowed to look. This is the Scope portion of the warrant.

After the search the officers should leave an affidavit at the place searched itemizing everything they took.

But you would be surprised how these things come up missing.

To get a copy of the warrant and affidavit you should contact the Judges Office that issued the warrant. They will be able to release to you a copy of the search warrant and affidavit after it has been returned to the court.

Sometimes this takes a few days or weeks it is entirely up to the officer.

Know your Constitutional Rights the fourth amendment of United States Constitution Protects you from unlawful searches and seizures.

If there is a problem with the search warrant and evidence was obtained in violation of your right, that evidence will be construed to be what is know as fruits of the poisonous tree. If so the evidence may be suppressed through a motion to suppress.

You need a good lawyer that understands Constitutional Law and isn't afraid to spit in the eyes of the police, prosecutors and judge to defend your rights.

If you have any questions or need any help feel free to contact my office.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

TylerJustice.com

9035939100 24 hour emergency line

Have a Merry Christmas

Re: search warrants

They must have one and should show you one. That is the theory, but if they don't have a valid search warrant with all that entails then you may suppress any evidence found. The best advice is to hire an aggressive attorney make no statements to anyone!!!!!