Legal Question in Criminal Law in Texas

Okay, to start off, the cops came in around midnight, woke my wife and I up and proceeded to wake everyone in the house up. Handcuffed all the males and detained us in the kitchen, while they continued to search inside and outside of the house for marijuana plants which they had already been doing before we were asked to come out of our bedroom. They had been called earlier by my brother who had been told by me that he was going to be evicted. He gave them permission to search after giving them a false name and lied about being the homeowner. My aunt, who is the homeowner was awakened and brought down stairs and told that she had to give them permission to search and sign a paper or they would keep us all night until they received a warrant. But the search was already done at this point. All three of us males (myself, uncle and son) had been detained in the kitchen in handcuffs at this point, for over an hour. We didn't know about the conversation between the officer and my aunt demanding permission to search, because he had taken her into another room before demanding to be able to search. During the time that we were detained in the kitchen, the police officers refused to tell us why they were here and did not read us our Miranda Rights until they were ready to take us to jail. We were charged with Misdemeanor Possession under 2 oz and Organized Crime. No drugs or weapons were found, the only thing found/confiscated was 5 immature marijuana plants. The next day the District Attorney dropped the Organized Crime charges, while we were in jail. We later found out that my brother who had made the call was in possession of marijuana, they never searched his room or confirmed his identity.

Do we have any probable cause to stand against this?

1 Answer from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in Texas

Looking for something else?