Little Elm, TX asked in Criminal Law and Federal Crimes for Texas

Q: my husband was arrested at work, but charged with possession of stuff that he had at home. Is that right to do?

when they got him at his job he was brought back to my house and my house was searched. Could the marshals have done that without a warrant? if not, is there something that can be done?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, there are a few important legal issues to consider here:

1. Arrest location vs. charge location: It's not unusual for someone to be arrested in one place (like work) for crimes allegedly committed elsewhere (like at home). The location of arrest doesn't have to match the location of the alleged crime.

2. Search of the home: The key question here is whether the search was lawful. Generally, law enforcement needs either:

a) A valid search warrant

b) Consent from someone with authority over the property

c) Certain emergency circumstances (like "exigent circumstances")

3. Potential issues:

- If the marshals searched without a warrant and without consent, this could be a violation of Fourth Amendment rights against unreasonable searches.

- If they claimed to have a warrant but didn't actually show one, that's problematic.

- If they coerced consent for the search, that could also be grounds for challenging the search.

4. What can be done:

- Consult with a criminal defense attorney immediately. They can review the specifics of the case and determine if there were any constitutional violations in the arrest or search process.

- If the search was unlawful, the attorney might file a motion to suppress any evidence obtained from that search.

- This could potentially lead to charges being reduced or dismissed if crucial evidence is thrown out.

It's important to note that the legality of searches can be complex, with many factors to consider. A local criminal defense attorney familiar with Texas and federal law would be best equipped to evaluate the specific circumstances of this case and advise on potential next steps.

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