Searches are just one tool that law enforcement has at their disposal. Nonetheless, police officers cannot just search anyone at any time. When searches are conducted, they must follow certain legal protocols.
What are your rights during a police search in Texas?
You don’t have to say anything
During a search, the police are likely to ask you several questions. They will ask who you are, and this is the only question you have to answer. If they ask where you have been, where you are going, or how you came into possession of certain items, you do not have to answer them.
Answering questions can incriminate people, even when they have done nothing wrong. This is why the Fifth Amendment right to protection from self-incrimination is in place.
You don’t have to consent to the search
As mentioned, the police cannot search anyone at any time. They must have probable cause that a criminal offense has been committed. They also usually need a valid search warrant before they can enter your property lawfully.
They can only enter your property if you consent to a search, and you are not obliged to do this. If you are a suspect, then it is generally in your best interests not to consent to a search.
You have a right to know the scope of the search
If the police intend to take your possessions, you have a right to see documentation specifying this. A warrant should clearly state the nature and scope of the search. For instance, if the police intend to seize electronic devices, this should be written on the warrant.
These are just three of your fundamental rights regarding police searches. To find out more about the law on this subject, it may help to seek legal guidance.