hypothetical question. a home invasion, dead perp. cops will take your gun for investigation. What are police limits in Texas…can they search your home to check on other guns or see what you have? even if they are not involved? just curious
You need a lawyer to answer your question.
First rule - your lawyer should be there before cops
Or at least you should talk with him first.
thanks, duh! forgot that
Good question though. Will they ask for your permission or are they no longer required to because of a live crime scene?
The homeowner and the dead alleged “perp” are both innocent until proven guilty.
I guess with today’s technology, there shouldn’t be problem for investigators to get warrant within few minutes.
That’s why attorney is the most important person involved in the case. The sooner, the better.
I would guess, that anything in plain view is fair game for police. But if they needed to open a locked cabinet to see some illegal device, that would not be admissible in court because no warrant. They will confiscate things though.
nothing in open, but lots of hidden things
Good question, very legal… know your state’s laws and state Constitution. That being said responding law Enforcement will be legally present. But a warrantless search and seizure requires a bit more. Other items such as firearms must be in plain view and immediately recognizable (things can not be moved or disturbed to reveal them). Additionally as a home/property owner you have the right to limit any search and refuse one that would be unreasonable or excessive. Be cooperative, but not beyond your constitutional rights. Hope this helps. BoB. ¥
Not Legal advise, but as far as the search warrant allows them.
Don’t let the police in unless they have SW. Pay attention to location and judge ordered areas of search. Say that it says, “Only unlocked doors, and areas of plain vision.” Then any thing else is off limits.
HIRE A TEXAS DEFENSE LAWYER! The police are not there searching for girl scout cookies, they suspect you of a crime.
Watch out, Police gain access by impersonating repair men, ‘inspectors’ , landlord employee, apartment maintenance and so on! Becareful!
Definitely, the best option is to have a lawyer and talk to a lawyer about the legal limits in this specific situation.
If they would not be able to look at a firearm in a safe without a warrant, it makes a good case for why it may be important to have your firearms in a safe as well.
Once the dust settles and the place has been checked for injured or dead and officer safety issues its a crime scene. The scene is frozen and a search warrant obtained-especially when someone has been killed. That is if the police are playing at the major league level. Getting a search warrant is no problem. In a big city it can be done by fax or telephone. We had judges available 24/365. Why the search warrant? It eliminates disputes over “voluntary” search approval.
I would have been a poor Detective if I was dumb enough to get a search warrant limited to your described parameters.
I used unrealistic info so not to prove a electronics seizure or search warrant but defined in certain areas. Lastly, full blown no-knock-raid and full search given by a Magistrate Judge
Those suck. I would discuss my case but can’t. Look it up on google and see what police did. Or you seen it!
If they really want to “search” for something they will need a reason, and a warrant, and a judge’s signature on the warrant.
When they respond, however, they are able - without a warrant - to do a cursory search for anything that might be harmful to them - like additional firearms in the bedside table, etc. And they WILL do that. So, they can’t look in your gun safe without a warrant, but most anything else will be fair game, Might be couched as one of several recognized exceptions to the warrant requirement - plain view, incident to arrest, exigent circumstances (Police are not required to obtain a search warrant if they reasonably believe that evidence may be destroyed or others may be placed in danger in the time it would take to secure the warrant.). So get some good legal advice - BEFORE an event occurs!
A felony has occurred, the investigation of the crime scene in order. Where the crime scene investigation line ends and a warrant is needed is up to a LEO’s training and his/her perception as to what will be admissible. As others have stated, legal representation would be valuable to you in the situation you describe.
Speaking from experience… My Girlfriend got shot walking to get the newspaper at the end of the road, about 1 mile each way.
Neighbors found her on the side of the road, brought her to home/me, we called 911 and must have had 15 police cars in the driveway, snipers covering the side of the hill by my house (I live on acreage on the side of a hill), whole 9 yards.
I was giving first aide when they arrived then they took over. NEVER asked me if I was armed which I was. I became a suspect right off while they investigated. GF life flighted to hospital maybe 3:00PM. Police kept asking to go into my house I refused. Lots of conversation back and forth, are you afraid we will find drugs? No… I just figured theu come onto the house my firearms might be confiscated. This went on until midnight when they found the shooter. I will say the police were very polite and professional, respected my decisions. When they pressed hard to come into the house I told them I would need to call my lawyer first. The topic never came up again.
I spent 9 or so hours outside with the police answering questions, until midnight. They finally found the place where she was shot and the people who did it target shooting across a road no background. They told me she was in IC and I could go visit but I declined as I had been drinking ( I was at home enjoying the weekend) so they offered to take me to the hospital. Again I declined as I had no way to get home (besides the fact she was in IT and there was nothing I could do I had no way to get home). I spent the night letting her family know what was going on and we all went to the hospital the next morning. I took a month off work (vacation time) so I could visit daily. Lots more but this is the jest of it all.
Know your rights and dont surrender them. Cooperate politely and they will do the same, or should. In the end it all worked out for the most part. Just take a big breath and keep your witts about you. I know this was not a home invasion, but it is an example of how to work politely with the police. If your police are professionals and know the law everything will work out. Just mentioning calling a lawyer shut down a huge amount of the conversation and pressure.
sorry about your gf, hope she recovered okay…lots of stupid untrained monkeys out there.
Not sure how that happens. First thing is to call 911, and request the Police and an ambulance be sent to the home. Inform them that you are willing to speak to them,
only and after your lawyer is present