Adamo & Adamo Law Firm Blog, Criminal Defense Lawyer - Houston, Know Your RightsMarch 2, 20160 comments

Texas Criminal Defense – Police Warrants.

Texas Criminal Defense and Police at your Home:

There is no greater protection to police searches and seizures than in your home. Understanding how to exercise those protections is crucial to prevent unwanted and unnecessary intrusions.

The police are at my door, what should I do?

You have a few [good] options:

1) With the door remaining closed, ask “How can I help you ?”; or

2) Crack the door open and ask them “How can I help you?” through the door-lock opening; or

3) Don’t answer the door and they should eventually leave, unless they have a warrant.

The police may be there because they need assistance with a matter unrelated to you. Asking them “How can I help you?” will assist in learning the officer’s objective.

The police say they want to come into my house?

The short response is no. Not without a warrant. If the police say, “If you don’t let us in, we will go get a warrant”, then tell them go get a warrant. Until they show you a valid warrant, you shouldn’t allow them into your home.

The police are at my house with a warrant, do I have to let them in?

Yes. If you haven’t already, now would be a good time to call your Texas criminal defense attorneys.

Can officer’s lie to try and get information?

Yes. Legally, officers can and do lie to gain evidence. Many times officer’s do not have probable cause to arrest you. They ask questions, hoping you will gift wrap the probable cause they need. Knowing your rights will help prevent your words from getting twisted around and landing you in the back of a police car. Remember you have the right to remain silent. Request your Texas criminal defense lawyers. Be Firm.

What are some common things officer’s say to get information?

“Just cooperate with us and we will let you go.”
“If you tell us [what they want you to tell them], you will get out of here quicker.”
“We can ensure you get a good deal.”
“We have evidence that contradicts everything you just said.”
“That is not what [other person] said, tell us the truth.”
“What are you trying to hide?”
“You don’t need a lawyer, unless you are guilty.”

Can your roommate consent to a search of your home?

It depends on whether you are home or not.

If you are NOT home:

As a general rule, police can obtain consent to search from anyone with control over the property. If your roommate has a key or his name is on the lease he can give consent to a police search.

If you are home:

If your roommate consents to a search, you can object to the search and prevent the police from entering (unless they have a warrant). Simply state, “I do not give consent for you to search my home.” If the officer says he has a warrant, ask to see it. If the officer has a valid warrant, call your Texas criminal defense attorneys.

Can my landlord give consent?

Courts have held during a lawful tenancy a landlord cannot give officer’s consent to enter and search the tenant’s room.

What can I do to protect myself from a search of my room?

To maintain your expectation of privacy, keep your room locked, while maintaining control over your personal space. If your room is off-limits to roommates and friends, then it is off-limits to the police. If your room is the party room, then the police are going to treat it as such.

Texas Criminal Defense and Police at your Office:

The police are at my office, what should I do?

CALL YOUR TEXAS CRIMINAL DEFENSE ATTORNEYS.

With your Texas criminal defense lawyers on the phone ask them, “How you can help them?”