Legal Question in Family Law in Texas
home searches
when is it legal for someone to search your home and for what reasons. Do they need a probable cause to do that. and also can someone retain a lawyer to get a warrant to search a home for personal reasons and items
2 Answers from Attorneys
Re: home searches
GENERALLY (there are exceptions) a search can be conducted:
pursuant to an search warrant, (the search warrant must be specific and supported by probable cause)
pursuant to exigent circumstances,
pursuant to an arrest,
pursuant to consent, or
open and obvious.
No, you cannot retain an attorney to conduct a search. Search and seizure law is a protection from unlawful intrusion from the government.
Re: home searches
If you are in the middle of a divorce, the judge can order you to allow someone (usually an attorney) to come to your home, office, etc. and make a list and/or take photos of what the person sees.
If you don't allow anyone in to inspect your property, then the Judge has several options including -- finding that you are in contempt of his/her order and you can be put in jail until you comply. Or, the court can take your refusal to obey a court order in property division of the divorce.
If this question concerns a criminal matter, you need to consult with a criminal lawyer since their rules are different than civil cases.