Legal Question in Criminal Law in Texas

The police came into a house based on an unanamis call, for a domestic dispute, they said they were looking for a weapon(firearm) and a body. There was no one else in the house for the entire day and I do not own any weapons. They didn't find anything for what they came for, but they found some drugs and made an arrest. Can they arrest you legally for finding something else that didn't even pertain to their orginal investigation? They had no warrant just a phone call.


Asked on 3/10/10, 7:04 pm

2 Answers from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt

Case law gives police limited rights to enter a house if they have reason to believe that there is an ongoing emergency. An anonymous call may or may not suffice, depending on the circumstances. However, once the police are in a place they are lawfully entitled to be, anything that is immediately recognizable as contraband that is in plain view could be seized and the person in possession of those items could be charged with their possession.

This kind of legal analysis is highly fact-specific, so I would recommend that you get yourself a local criminal defense attorney as soon as possible so that you can discuss these details.

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Answered on 3/16/10, 8:40 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, generally when police are called to a residence and there is a reason to believe that an emergency is taking place; the police may enter the residence. Once the police are inside the residence, they may be entitled to seize any immediate and recognizable contraband that is in plain view. Additionally, the police may arrest the individual in possession. You should consider consulting with a local law firm to ensure that your rights and interests are fully protected as these types of cases are very fact driven and specific. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation. The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 3/16/10, 8:57 am


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