Search and Seizure

Search and Seizure Rights

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 the Accused

We Fight to Defend Privacy Rights from Unlawful Search and Seizure

Search and seizure rights are enshrined in the Bill of Rights in order to balance the need of society to protect itself and the rights of citizens to privacy and the integrity of their property. Boundaries on law enforcement exist to ensure that we are allowed to retain the right to personal freedom that our country was founded on.

If you believe that law enforcement overstepped their boundaries when they investigated you for drunk driving, or unlawfully seized evidence during your arrest for drug possession, please contact a Houston, Texas, criminal defense attorney at the law office of Stradley, Chernoff & Alford, L.L.P.

Whatever the legal situation, we will fight to defend your 4th Amendment constitutional right to protection from unreasonable search and seizure.

Deceptive Search and Seizure with Traffic Stops

Often, routine traffic stops lead to legal problems when automobile occupants are subjected to illegal searches. Sometimes police officers abuse their right to search a vehicle or home. At Stradley, Chernoff & Alford, L.L.P., we object to the way some law enforcement officers trick people or intimidate them into giving “consent” to a search. We are determined to stop such injustices, not just for the people we represent but for all Americans.

Random and Unjustified Seizures of Cash and Property

Illegal search and seizure also occurs in connection with drug investigations and arrests. The war on drugs is like all wars: both combatants and innocents are harmed. A good example is the recent trend in drug enforcement policy: the random and unjustified seizure of cash and property after mere allegations of drug crimes.

Has Law Enforcement Seized Your Money or Car Without Cause?

There are state and federal laws that now allow police and federal agencies to seize money that the agency believes are proceeds from drug dealing. The agency can also seize property that it believes has been used as a “container” for drugs. The word “container” has been interpreted ever more liberally, allowing the seizure of automobiles that contain trace amounts of a controlled substance.

Because the laws used to seize property are usually civil in nature, the usual constitutional provisions do not apply, including the presumption of innocence.

Time Limits and Procedures for Securing the Return of Seized Property

There are time limits and bonding procedures which must be followed to properly protect an interest in your seized cash or property. Without good, knowledgeable representation, the owner of seized property may lose their property by default even if they are acquitted.

As attorneys who are board-certified in criminal law by the Texas Board of Legal Specialization, as well as former chief prosecutors and assistant district attorneys, we have the experience at Stradley, Chernoff & Alford, L.L.P., necessary to fight to retrieve personal property illegally seized from our clients. Contact Stradley, Chernoff & Alford, L.L.P. for a free consultation. We will fight for you, defend you, and protect your rights when you did not give consent to search in connection with your DUI/DWI or drug case.