http://verifiedwebsite.net/in-texas-when-is-it-necessary-for-police-to-obtain-consent-to-search-is-there-an-online-resource-available/ Increase Online Conversion Strategies and Solutions Fri, 12 Mar 2010 03:08:15 +0000 http://wordpress.org/?v=2.5 http://verifiedwebsite.net/in-texas-when-is-it-necessary-for-police-to-obtain-consent-to-search-is-there-an-online-resource-available/#comment-7047 trooper3 Fri, 27 Nov 2009 17:09:43 +0000 http://verifiedwebsite.net/in-texas-when-is-it-necessary-for-police-to-obtain-consent-to-search-is-there-an-online-resource-available/#comment-7047 Search and seizure is covered by the Fourth Amendment, so it is the same in all states. Consent to search is just that, consent, and can be requested under any circumstance. There is case law on a protective search, Terry v. Ohio (commonly called a Terry Stop). It states an officer can search you for weapons any time he can articulate a concern for his safety. As far as a full search, that requires probable cause. The only search of a person that would require a warrant is one that is intrusive; such as a body cavity search, or collecting a DNA sample from blood or hair. A search of a vehicle is covered under Carroll v. United States (The Carroll Doctrine). It states because a vehicle is mobile, and because there is a lesser expectation of privacy in a vehicle on a public road, a warrant is not needed. The officer only needs a reasonable suspicion the search will turn up something illegal. As far as pre-trial drug testing, that would have to be ordered by a judge, and can be contested by a defense attorney. Search and seizure is covered by the Fourth Amendment, so it is the same in all states.
Consent to search is just that, consent, and can be requested under any circumstance.
There is case law on a protective search, Terry v. Ohio (commonly called a Terry Stop). It states an officer can search you for weapons any time he can articulate a concern for his safety. As far as a full search, that requires probable cause. The only search of a person that would require a warrant is one that is intrusive; such as a body cavity search, or collecting a DNA sample from blood or hair.
A search of a vehicle is covered under Carroll v. United States (The Carroll Doctrine). It states because a vehicle is mobile, and because there is a lesser expectation of privacy in a vehicle on a public road, a warrant is not needed. The officer only needs a reasonable suspicion the search will turn up something illegal.
As far as pre-trial drug testing, that would have to be ordered by a judge, and can be contested by a defense attorney.

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