Search and Seizure

Search & Seizure Law: Were Unlawful Police Procedures Employed at the Time of Your Drunk-driving Traffic Stop and Arrest?

Criminal Defense Lawyers Board-Certified in Criminal Law by the Texas Board of Legal Specialization

Standing as the Voice of Reason to Protect and Defend Texans

Accused of DWI/DUI

The Houston, Texas DWI/DUI defense lawyers at the criminal law firm of Stradley, Chernoff & Alford, L.L.P., encourage Texans to be aware of their rights to protection from unlawful police procedures. At the time of your DWI/DUI arrest, did the law enforcement officer violate your Fourth Amendment rights?

Your Fourth Amendment Rights and DWI/DUI

The Fourth Amendment of the United States Constitution was established in order to protect citizens from unreasonable search and seizure. This Amendment limits the power of the police to make arrests, search people and private property, and seize any tangible items including evidence of criminal activity (such as driving with an open alcohol container).

Did You Give Up Your Rights Voluntarily?

Search and seizure laws have traditionally held that if a person voluntarily gives up his or her right to protections from search and seizure, then the police have the right to search. During our free initial consultation, we will examine whether you did so at the time you were stopped.

The Public Interest in Preventing Drunk Driving vs. Your Privacy Rights

Granted, there is a clear public interest in preventing drunk driving that may endanger other motorists and pedestrians. In this context, it would seem that the goal of search and seizure laws are to protect your privacy while at the same time, allow officers to reasonably pursue criminal justice and protect the public from danger if they suspect you are driving while intoxicated.

Was There Probable Cause for Your Traffic Stop?

In some cases, when there is probable cause, an officer can conduct a search without a search warrant when he has reason to believe that a search is necessary to protect the public from imminent danger. Furthermore, cars can be searched without a warrant in certain cases.

Stradley, Chernoff & Alford, L.L.P., Examines Every Detail of Your Case

Part of our job as Texas DWI/DUI defense attorneys is to meticulously examine every detail and fact related to our clients’ arrest for driving under the influence of alcohol. This includes analyzing the facts to determine whether our clients’ rights to privacy and protection from unreasonable search and seizure were violated. One of the most important questions is: Did the officer have probable cause to stop you and conduct a roadside DWI/DUI investigation?

Let’s talk about your DWI/DUI arrest in connection with search and seizure laws. Contact our Houston, Texas DWI/DUI charges defense attorneys.