Lewisville, TX asked in Criminal Law for Texas

Q: Is coercion legal when I say No to a search warrant?

Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed. Once inside they said nobody would go to jail if I agreed to work with them. I said I’d think about it to buy time. They did find something inside. My question is can I be charged with what they found even if they threatened me with detainment and arrest before I agreed to a search?

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1 Lawyer Answer
Paul Looney
Paul Looney
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The entry was illegal. The threat to arrest was illegal. Being illegally inside your residence makes anything found illegally seized under Amend IV, U.S. Constitution, Art. I., Sec. 9 Tex. Const. and Art. 38.23 Texas Code Criminal Procedure and about 200 years of case law.

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