A high-risk search conducted in a Rockport, Texas, apartment recently resulted in the arrest of three individuals. The three, a mother, her 27-year-old daughter and the daughter's husband, have been accused of drug charges including manufacturing and possession counts.
Law enforcement allege that after completing drug sweeps of the community in which the home is located, they learned that two individuals had moved to Rockport, supposedly to sell drugs. The son-in-law was put on surveillance, from which police concluded he was selling large amounts of crack cocaine. Investigators allege they subsequently obtained enough probable cause to get a search warrant signed. The search warrant, labeled "high risk," permitted police to enter the suspects' home without permission and without notice to the occupants. The raid involved a detailed search of the home and the subsequent three arrests.
In Texas, no judge may issue a search warrant unless sufficient facts are first presented to satisfy that probable cause exists. Sufficient facts include evidence that a specific offense has been committed, that a specifically described person committed the offense, that such allegations can be supported by photographic evidence and that the person to be searched can be found at the place to be searched. If a judge determines that police executed a search warrant on anything less than probable cause, all evidence found as a result of the search will be thrown out.
The consequences of a drug crime conviction in Texas are serious. The suspect's very future and freedoms are at stake. An experienced attorney knows how to aggressively defend against drug charges, including recognizing when a search has been conducted on less than probable case.
Source: The Rockport Pilot, "Three arrested on drug charges at local apartments," March 27, 2012