Do the Police Have the Right to Search Your Car?

When it comes to your car, you have fewer rights than you do concerning your home. The police may have the right to search your car in some circumstances, but generally you are protected from any unreasonable search and seizure of your property. According to the Fourth Amendment of the Constitution, if an officer pulls you over he or she may be able to search your car without a warrant. This depends on whether or not the police can see evidence to pinpoint the need for a car search. Cars are technically considered private spaces, but the court is treated differently from your person and home and is subject to less protection.

The Supreme Court allows three different types of searches. The law enforcement can conduct a search incident to arrest, which is a search of the immediate vicinity of the driver inside the car. This is typically the search used when a police officer suspects that an individual was drinking and driving. Police also have the right to conduct an inventory search, which is when the police arrest the driver and impound the car. This can only happen when the police have the cause to arrest the individual already.

Also, police have the freedom to conduct a probably cause search. This is when the police have a reasonable suspicion that there are illegal items in the car, such as a weapon or drugs. If you have had your car searched, and you believe that the search was illegal, then you will want to talk with a Houston criminal defense attorney about the issue right away. At The Martinez Law Firm, a dedicated attorney may be able to help you with your case and assist you in getting the representation that you need. Hire a lawyer today to learn more!

Activists Arrested in Houston for Protesting Pipeline Project

According to My Fox Houston, a group of activists protesting a pipeline project in downtown Houston this morning were arrested for their behavior. The individuals were expressing their opinion on the Keystone XL Pipeline project. The group organizes outside of the TransCanada headquarters, but police felt it proper to arrest them for misdemeanor trespassing because they were on the property. The police claimed that the act was in civil disobedience.

The Keystone XL Pipeline Project involves an effort to build a pipeline from Canada to the Texas Gulf Coast. Yet activists believe that the pipeline will damage the environment and should be stopped before it’s built. One protester told news stations that the pipeline is going to brine dirty materials across the United States down to Houston where it can be refined and shipped to Asia to be burned. According to protesters the oil will not be used in America unless it spills.

Regardless of the protester’s opinions and whether or not they are correct, the police say that trespassing is a crime. Depending on the nature of the trespassing it can be charged as a Class A, Class B or Class C misdemeanor. On the other hand, protesting and expressing opinions is a constitutional right.

If you have been silenced for protesting and believe that your arrest violated your rights as stated in the U.S. Constitution, then you need to talk to a Houston criminal defense attorney about this immediately. With the right attorney on your side, you may be able to avoid prosecution and prove that you should not have been arrested for your crime in the first place. Talk to someone at The Martinez Law Firm today to learn more about this crime or to develop a convincing defense.