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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
