Dallas, TX asked in Criminal Law and Federal Crimes for Texas

Q: What is the proper way to remove a gun from a unoccupied vehicle in texas?

My husband was in corpus Christi tx.police found a gun that was in my husband vehicle in the backseat in a suitcase. He was eating at the time in a restaurant they pulled him out and searched his vehicle and found the gun. My ? Is did they properly remove it? And is it tampering with evidence if the police picked it up themselves aren't they supposed to call crime scene unit if the gun is found while the vehicle is unoccupied ?

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2 Lawyer Answers
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: When people have had their rights violated it is hard to articulate exactly what went wrong (police officers may not have had a right to remove the gun but neither would crime scene investigators). When a criminal defense attorney hears a fact pattern they ask themselves two preliminary questions 1) What constitutional rights might have been violated 2) Will there be enough evidence to convict my client if we go to trial. If the facts unfolded as you describe them there are questions of possession and potential constitutional rights violations. However, police officers often fill in facts to suit their needs. So, you need to hire an attorney for your husband. The attorney needs to examine all of the evidence and then file the appropriate motions to put your husband in the best possible position to get the best possible result. Good luck to you and your husband I hope this helps.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Did he consent to the search?

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