If a Texas search warrant is invalid in one of these three ways, don't let the police search your property.
Of course, the police may search your property anyway, but if you have a look at the warrant and tell them that you do not consent to a search,your defense lawyer is going to have an easy time winning your case for you. So, what are the three main ways a search warrant can be invalid?
- No judge's signature. This is actually very rare, but it can happen. Skip toward the end of the warrant and look for a judge's or magistrate's signature. If there is no such signature, the search can be challenged.
- Expired date. While there is no official rule for how long warrants are good, if the warrant was signed more than 10 days ago, you can probably challenge it.
- Wrong street address. This is the most likely place for mistakes. Police sometimes search the wrong house for evidence of a crime, or the warrant forgets to specify a specific unit in the apartment complex, hotel, or any other multiple-unit building. Make sure the warrant lists your address correctly before letting the police in.
If the police ever knock at your door saying they have a search warrant, immediately answer, step out, and have a look at the warrant. Verify that it is legitimate before letting them in. If it is not legitimate, tell them why you think it is invalid, and then tell them that you do not consent to a search. They may search your property anyway, so do not try to resist - just make a note of it and let a competent defense attorney know right away.
If you or somebody you know is accused of criminal activity, contact the defense attorneys at The Kyle Law Firm. Our highly experienced lawyers can offer you a free case assessment - schedule yours today.