Understanding How Search and Seizure Laws Impact a Texas Drug Possession Case
This will be the first post in a series meant to help Texas residents understand how search and seizure laws impact their drug possession cases. Texas takes a strong stand against drugs and will prosecute even small amounts of illegal substances. Many citizens believe that if a police officer finds drugs in one’s possession then a conviction is imminent. However, the United States Constitution protects citizens with very specific procedures, which law enforcement must follow prior to invading a citizen’s privacy. This series will strive to explain a person’s rights in a variety of different situations that commonly occur prior to a drug possession arrest. We will also explain the possible options your attorney may have to defend your charges if your rights are violated.
We will take an in-depth look at common scenarios during this series. We will also explain how the rights of Williamson County, Texas citizens are sometimes violated. Situations we will explore include:
- Common errors made by the police when stopping someone on the street
- Protecting rights that were violated when an officer searched a vehicle
- Errors made by the police when searching someone’s home
- A discussion of whether search and seizure rights apply to undocumented persons
- A discussion of the process for suppressing evidence
- How to appeal a conviction if evidence against you was wrongly admitted during your trial
There are many possible defenses to a drug possession charge. Typically the first step in a drug-related case is to determine if a defendant’s Fourth Amendment rights have been violated. The reason for this is straightforward. If it can be established that one’s rights have been violated then narcotics will typically not be admissible in Court. This can lead to a case being dismissed as a prosecutors cannot prove a drug case without drugs. This is why it is important that defendants retain a criminal defense lawyer that is versed in search and seizure law.
It is important that you contact an attorney immediately if you have been arrested in either Georgetown or Austin, Texas. Our lawyers service all of Williamson County.