Russell D. Hunt Sr., Attorney at Law
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Can you challenge the validity of evidence because of the search?

There are many strategies that individuals can employ in the attempt to defend themselves against serious criminal charges. Strategies vary depending on the circumstances that led to your charges, but some strategies are common for a wide range of crimes.

Challenging the validity of evidence is a common strategy, regardless of the criminal charge involved. People challenge evidence for violent crimes, as well as for impaired driving allegations. One tactic people use is to challenge the validity of the evidence itself or the chain of custody.

Other times, the best strategy could be to challenge whether the evidence was obtained in a legal manner. Challenging the search practices or the warrant used to collect evidence can be a successful strategy in certain circumstances.

A bad warrant could be a good thing for a defendant

Law enforcement officers have many requirements that they must fulfill in order to obtain a search warrant and execute it in accordance with the law. Unfortunately, a desire to have a high solve or arrest rate in a department could lead officers to bend or even overtly break rules put in place to protect the civil liberties of Americans.

They could attempt to search your home without the signature of a judge properly placed on a search warrant. They could also have a very limited warrant but attempt to use it to access more of your property than they should.

During a search of your property, you should always review the warrant for accurate information. Even inaccurate information about your address could protect you. After an arrest, you can also bring a challenge against a warrant used in a search. Your Waco attorney can review the documentation and help you determine if that strategy could be useful in your case.

Can you prove that it was improper for a cop to enter your home without a warrant?

It is occasionally legal for police to enter your home without a search warrant. However, they need to have a reason for doing so, such as following a suspect during a pursuit onto your property or hearing what sounds like a crime occur inside your home.

Maybe someone nearby overheard the cops talking about tricking their way through your front door. Perhaps you have video cameras for security purposes that show that law enforcement didn't enter your home in the manner or for the reason that they claim they did. Discussing the situation that brought police into your home with an attorney can help you decide if their entry was a potential violation of your rights in Texas.

When police engage in illegal search procedures, the evidence that they obtained as a result typically is no longer admissible in court. It isn't hard to see how attacking all of the evidence potentially used in your case at one time could benefit you or even result in the state dropping charges.

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  • Texas Criminal Defense Lawyers Association
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Russell D. Hunt Sr., Attorney at Law

425 Austin Avenue
Suite 1202
P.O. Box 726
Waco, TX 76701

Phone: 254-304-6354
Fax: 254-753-8118
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