Legal Question in Criminal Law in Texas

Can a police officer seize personal property during an eviction and file charges after the property was seized? And is there a proper procedure when it comes to serving an eviction

Asked on 6/27/23, 5:24 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

That depends on what was seized and why. If the officer found drugs or other contraband, or property that she reasonably believed had been stolen, then she was not required to look the other way and could properly seize it. Whoever possessed the item(s) could then be charged criminally if the evidence -- meaning all of the evidence and not just the items that were seized -- is strong enough.

As for the second part of your question: There are proper eviction procedures, but eviction is not a criminal process and you posted this question under criminal law. You may want to re-post that part of your question (preferably with details about what you think was done incorrectly) under landlord-tenant law instead.

Good luck.

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Answered on 6/27/23, 5:55 pm

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