Legal Question in Criminal Law in Texas

Possible several Civil Right Violations-Miranda -Threat-Warrant issues

Officers identify and inform spouse that info they recieved says that spouse is operating a meth lab out of our home.Officer also says: ''We can do this 2 ways, lets go in the livingroom and we can talk about this. Or we can come in guns drone and someone in your family is likely to get hurt.'' As he begins this little speech he places his arm on the back of spouse, as thought to usher him towards the home. And completes speech apond entering the front porch of home. From this moment on spouse,myself,daughter,her boyfreind, Were ordered out of the home. We could not speak, move around. We were order to sit for 3 1\2 hours on the hood of my car in the front yard. Awaiting a search warrant. Questioned the entire time,no miranda. Spouse asked permission to go to restroom, Denied. Asked to atleast stand beside car we are beeing kept, Denied. Spouse pleads for permisson, Officer replies, ''you can go right there''.

Search began before warrants arrival, upon arrival before we could view warrant, we were cuffed and taken to jail.Charged with Misdemeanor marijuana and first degree felony manufacturing. Crime Lab,clean up was to dump any chemicals out onto the ground and post hazard chemical signs.

I have never been arrested,help,legal?

Asked on 3/31/05, 11:15 am

1 Answer from Attorneys


Re: Possible several Civil Right Violations-Miranda -Threat-Warrant issues

You need an attorney to start working on your case as soon as possible before evidence of police misconduct is lost.

From what you wrote, it sounds as if you were the victim of an illegal search and seizure.

With the right attorney it is possible to get all the charges dropped due to an illegal search.

If you would like to talk to me free of charge feel free to contact me.


Erick Platten


903-593-9100 office

903-570-8248 cell

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Answered on 4/01/05, 4:21 am

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