Legal Question in Criminal Law in Texas

Illegal search and seizures

I have a very good friend who is in trouble. His room mate was

arrested for manufactoring and delivery of a controlled substance. The

room mate was NOT on the apt. lease but the warrant stated that he was

in controll of and posession of the apt. My friend was arrested also and

charged with posession. It appears that the Police went into the

apt. after arresting the other guy in the parking lot. They proceeded to

take what they wanted out of the apt. AND THEN made the inventory list

of items taked. Shouldn't the warrant have specified what they could

take?? Also, aren't they supposed to take items out of the home while at

l;east one of the occupants is there to witness such removal of

property?? My friend was taken to jail almost immediatley after they

came in and was not told for hours why they were even detaining

him.Also some of the items taken were NOT on the inventory list such as

a locked safe that belonged to my friend. All of the items were first

removed from the safe and placed in paper bags and put on his bed.

Then they took the safe and it is not accounted for. Also do they not

have to have seperate search warrants for locked safes??


Asked on 5/24/06, 4:07 am

1 Answer from Attorneys
Marc Pederson Pederson Law Office

Re: Illegal search and seizures

Whether or not your friend is on the lease of the apartment is irrelevant. If your friend's roommate was possessing, manufacturing, and/or distributing illegal drugs secretly and without your friend's knowledge, then your friend would not be guilty. But if your friend was aware of the illegal activities, he was at least in "constructive possession" of the drugs.

The warrant need not list everything that the police may ultimately take, it only needs to (in general) describe what is being searched for (illegal drugs, counterfeit currency, etc.). After execution of the warrant, the police are required to make an inventory of items seized. The police are not required to execute the search in the occupant's presence. As for the locked safe, it seems that it would be proper for the police to open it if it was inside the area being searched. They may have seized it for the purpose of obtaining another warrant for the safe.

There are numerous potential errors that police may have made that could have invalidated the search warrant and/or execution of the search. Your friend needs to refrain from making ANY statements to police and IMMEDIATELY retain an attorney. The attorney will be able to examine the procedures and documents in detail to determine any possible defenses your friend may have. Good luck,

Marc Pederson

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Answered on 5/24/06, 7:17 am


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