Legal Question in Criminal Law in Texas

warrant when is it legal to begin to search?

Is it legal for officers to begin searching someones property before warrant arrives at property, by claiming they got a phone call stating warrant was signed and to begin the search. Search did begin seconds after warrant does arrive within 30 seconds we were handed this warrantinstructed to place in vechile that we were forced to sit on for over three hours while awaiting the arrival of the warrant. We were then quickly and without any miranda, cuffed and transported to jail. Booked in on a charge of 2oz of weed. about five hours later charged again with first degree felony. I wont even get in to civil rights violations and lots of other details to we can prove by using booking logs of time and other things as well. hope someone can help answer this. thank you


Asked on 8/05/05, 11:12 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: warrant when is it legal to begin to search?

Generally, once the warrant has been issued, the search and/or seizure can begin. When it arrives on the scence usually doesn't matter. In the absence of a warrant, the police can search and/or seize where there are exigent circumstances which require quick action w/o a warrant where probable cause exists. Generally, in circumstances involving vehicles, exigent circumstances exist. In other words, if the police could not detain a suspect in a car, and always had to let them go in order to go and get a warrant, most suspects would flee. Detention can be permitted w/o a warrant, again, where probable cause exists.

Arresting and booking w/o Miranda? Irrelevant. People mistakenly believe that they must be Mirandized when arrested -- not true. Miranda must be conducted prior to a "custodial interrogation." Just being placed into custody doesn't do it. Now, after arriving at the station, while in custody, if you are questioned without first being Mirandized, then you might have a constitutional violation.

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Answered on 8/08/05, 11:16 pm


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