Can The Cops Enter My Property Without A Warrant In Texas?

When police want to conduct a search of someone’s home, they have to show a search warrant. If they don’t have one, they can get consent. What happens if the police force their way in and search your property without permission?

This happens more often than law enforcement authorities care to admit. Here’s what you can do if you find yourself in this situation.

How To React When Authorities Can’t Produce A Valid Search Warrant

You’re legally allowed to decline a search of your home or other private property if police officers don’t have a valid warrant. But cops usually don’t tell people that and instead try to bully or intimidate them into consenting to a search.

If the police come to your home, let them know in no uncertain terms that you know your rights and that you won’t be allowing them to enter in the absence of a warrant. Even if they push their way in, the fact that you didn’t consent will be on record.

HOW TO HANDLE AUTHORITIES WHO FORCE THEMSELVES IN

The police should leave to obtain a valid warrant and should only return once they have one. But this may not be what happens. Some officers may decide to force their way in to find whatever “slam dunk” evidence they think is inside that can’t wait for a warrant.

If this happens to you, your best option is to document and record what happens for your criminal defense attorney. They can try to have any evidence collected during the search suppressed so the jury can’t see it.

ARE THERE ANY CIRCUMSTANCES WHERE A WARRANT ISN’T NECESSARY?

A search warrant usually isn’t necessary before police officers enter a property where someone is believed to be hurt or a fugitive is thought to be hiding out. Or, if police approach the outside of a house and can easily see evidence of a crime inside through the window without “peering” in, they can enter before getting a warrant.

If you’ve been arrested after an illegal search, don’t wait to contact an experienced Texas criminal defense lawyer. You need zealous legal advocacy now to protect your constitutional rights and the future ahead of you. Call Segura & Kiatta to book your free initial consultation now at 281.570.6400.