Houston, TX asked in Criminal Law and Civil Rights for Texas

Q: Do cops need a separate search warrant to enter a 10x8 tool shed that is behind lock and key and is 75 foot from house

The shed was not specifically detailed on the warrant but at the end of the warrant it goes on to say (and any other structure or building on the premises).doesn't it have to be specific on where to search.also to get in the building they trashed my house found my girlfriends car keys that had key to shed on it and just let themselves in after an hour of opening packages and trashing my tool shed they found 1&1/2 oz of meth hidden behind a false wall socket and charged me for man/delivery of controlled substance.im hoping to get evidence suppressed under illegal search and seizure if possible.also warrant says knock and announce,they did neither they just yanked my door open and broke my lock.they also confiscated 4,088$ of my girlfriends collection of currency that was in a binder individually labeled and preserved and the money was no where's near the drugs.the money was in the house and drugs were found out in the tool shed.thank u for your time and expertise

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1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
  • Criminal Law Lawyer
  • Houston, TX

A: Your question has many legal issues. You nailed the first question: Do Police need a separate warrant for a locked shed? Maybe yes, maybe no. The answer depends on who's shed it is, and who, if anyone has dominion and control of the shed. The best case for you would be if you had a lease to "John Doe" for him to rent the shed exclusively. The issues are control and access.

Otherwise, if the warrant did indicate "other buildings" the shed would be included. I would file a Motion to quash the warrant and to Suppress all the evidence they found in the shed. Then you get a hearing, and get to test the cops' story on the stand under heavy cross examination about the info they had when asking for the warrant. I'll bet no one mentioned a "shed" to the judge when they applied for the warrant. Do you make any statements or admissions? If so, make a motion to suppress that also.

I always ask for a hearing to quash the warrant, in my criminal cases. There are always mistakes by the police.

Good luck! I hope you get a good lawyer, you will need one.

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