Jail Release and Bond for Illegal Search Cases Keep in mind, Keates Law Firm only practices in Austin and Travis County. If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Many times, drugs are not found in a person's pockets - they are found in a backpack, or under a car seat, or in a room shared by many people. If a purse is left open, and a marijuana pipe is visible in it, then the officer may search using Plain View Exceptions to the 4th amendment warrant requirement.ĭrug cases, or Possession of Controlled Substance (POCS)are one of the most numerous types of offenses in Travis County that involve searches. Any personal locked contained therein can also be searched, including briefcases and bags. If probable cause is present during an auto search, law enforcement may search the entire car, including locked compartments such as the glove box, center console, or trunk. As stated in the other sections, on Search Incident to Arrest, officers may search bags. Upon probable cause, an officer may search an individual or his/her belongings located within close proximity, without a warrant. There is no separate exception that allows officers to search a bag or belongings, however, coupled with the other exceptions to the fourth amendment listed on this site, officers have many options as to how to search without a warrant. The 4th amendment protects against the unreasonable search of an individual's property, including bags and purses, however, in some situations law enforcement can search bag, backpacks, purses, and other belongings without a warrant. Often individuals travel with a bag, purse, or backpack, even when just leaving the home for a few hours. 4th Amendment Guide to Searches of Belongings, Backpacks, Bags
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