The U.S. Constitution generally prohibits warrantless police searches of a suspect’s property. There are, however, multiple exceptions to this general rule. One such exception is for a “search incident to arrest.” This exception provides that when police lawfully arrest a suspect, the officers may conduct a search of the person and the area within the […]

Texas law enforcement often relies on “confidential informants” to assist them in making drug arrests. By law, the prosecution may continue to keep the identity of these informants secret from the defendant during trial, unless the judge determines there is a “reasonable probability” that the informant can offer testimony “necessary to a fair determination of […]

Police officers often rely on undercover work and confidential informants to help gather evidence of potential drug crimes. In some cases, however, these actions may cross the line from a legitimate investigation into what is known as “entrapment.” As defined by the Texas Penal Code, entrapment refers to a situation where a defendant engaged in […]

Two police officers knock on your door. When you answer, you notice the officers are wearing bulletproof vests and have their hands on their weapons. They say they just want to “talk” with you. You step outside. The officers remove their hands from their guns. The officer then says they received a report of marijuana […]

The COVID-19 pandemic has touched every part of American society. But prisons are especially vulnerable to outbreaks. Thousands of inmates and prison staff have already tested positive for the virus, and dozens have died as a result of their exposure. In response to this crisis at the federal level, Congress included provisions in the CARES […]

How many times have you seen a television show or movie where someone tries to “flush the drugs down the toilet” just before the police bust into the room? What you may not realize is that such actions, standing on their own, are also a criminal offense in Texas. It is known as “tampering with […]

During a traffic stop, a police officer may ask for permission to search your vehicle. You should always refuse permission. If the officer has reason to believe you are hiding evidence of criminal activity, such as violations of Texas drug laws, they can also apply to a judge for a warrant. But once you give […]

There are scenarios where prosecutors elect to treat drug offenses, such as possession with intent to deliver, as part of a larger criminal conspiracy. The Texas Penal Code expressly authorizes prosecutions for “engaging in organized criminal activity,”, which carries potentially harsher jail terms for defendants if convicted. But the mere fact that a person is […]

When it comes to drug crimes, law enforcement need not actually find illegal contraband on your person. If the police execute a valid search warrant for your property and locate illegal drugs, particularly in “plain view,” you can still be arrested, tried, and convicted of drug possession. What matters here is not what is found […]

The Fourth Amendment to the U.S. Constitution normally requires police to obtain a warrant before searching you or your property for potential contraband, such as illegal drugs. But there are several exceptions to this rule. For example, if a police officer observes drugs in “plain view,” the officer can seize that evidence without a warrant. […]