Texas Police Misconduct Legal Questions

If the officer can articulate an exception to the warrant requirement, yes, he or she can enter the house without permission or a warrant. Additionally, if the officer can articulate probable cause to make an arrest, they can also go inside without permissio or a warrant. Otherwise, I would say the answer is generally, no.... Read More

The short answer is yes. Public Intox is a Class C offense. Usually, cops give these tickets to citizens who annoy them for whatever reason (in my opinion). Obviously, there are times when the ticket is justified, so please partdon my abject cynicism of police. It can be proven through testimony that your husband was intoxicated to the point he was a danger to himself or others. It's useful to the defense that no field sobriety tests were administered. But, it's certainly not usual in this contect, nor is it required. Depending on the circumstances, it may be worth fighting, or it may be worth considering alternative resolutions.   Rick... Read More

Without going through all the attendant legal issues, I would say the short answer is very likely no, there is nothing you can do about the search of the car. If the sticker was expired, then the citation is justified. If you get the sticker up to date within 10 days of the issuance date on the citation, you should be able to get the ticket dismissed when you get to court. I think all they charge is a small fee of maybe $25 or something, after dismissing the case.... Read More

The practical answer differs from the legal answer, here. The practical answer is yes, the cops can pull you over for any reason, or no reason. It happens all the time.  The legal answer is no. If they don't have reasonable suspicion to stop you, the stop cannot be legally justified. But, you'll need an attorney to represent you. And to file a motion to suppress any evidence that was found. And you'll need to be in a court where the Judge will follow the law (which is hardly a guarantee). If not, you may, depending on the circumstances, be able to get the issue submitted to a jury. ... Read More