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Criminal Law Blog

Illegal Search and Seizure in Texas

Posted on December 17, 2020 by Law Office of Brett A Podolsky

Anyone being accused of committing a crime in the state of Texas has the right to a fair investigation process. Part of this fair process includes protection against illegal search and seizure. These rights are protected by the U.S. Constitution, and determine when police are able to search and obtain evidence. Understanding what constitutes illegal search and seizure is vital to protecting your rights when being...

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What is Probable Cause?

Posted on November 21, 2017 by Law Office of Brett A Podolsky

Many people ask, “What is probable cause?” Probable cause in Texas is a legal term that, in its simplest form, means that a certain circumstance occurred more probably than not. For instance, to arrest an individual, law enforcement must believe that it’s probable that he or she committed a crime. Probable cause is the standard of proof that’s applicable for an arrest, warrant, search, and seizure. ...

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When Are Police Allowed to Search You or Your Property?

Posted on February 1, 2017 by Law Office of Brett A Podolsky

When Are Police Allowed to Search You or Your Property? The Fourth Amendment of the Constitution protects all citizens against unlawful search and seizure. That protection allows Americans to go about their lives without the fear of unreasonable government intrusion. It is important to know when and where police searches are lawful in order for the checks and balances of society to remain in place. While police...

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The Police Can Search Your Car if Items are in Plain View

Posted on September 11, 2013 by Law Office of Brett A Podolsky

Before law enforcement officials can search your car, they must follow a specific protocol. This is done to ensure that the search is conducted according to state and federal laws. Not only is this protocol a safety precaution, it also ensures that any evidence collected by police will be admissible in court. In order to conduct a stop and search of a vehicle, police offers must first...

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Facts About the DWI Process

Posted on April 3, 2013 by Law Office of Brett A Podolsky

A DWI arrest can haunt an individual for years to come since the fines and repercussions last far longer than a jail sentence. It’s helpful to know a few things about DWI before, during and after the arrest in order to reduce the odds of being found guilty of one. Before the Arrest Drivers who register .08 or higher on a breathalyzer test are considered to be intoxicated...

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