Asked 3/15/2016 – Conroe, TX

My brother is currently in jail. Officers went to his home and said they needed to ask him about a neighbor. The officers made their way in and put a gun to my brothers head and began searching thru his home. Drugs were found, i have since learned the neighbor they were questioning my brother about told them where to find the drugs. The drugs were in a place where no man would be even looking (feminine products). So was this a proper search and seizure without a warrant? i can provide other details that my broher told me but wasnt sure how much to include. My brother has also obtained a court appointed attorney who has no interest in representing him because the “snitch” found himself caught with drugs in a different county and the same lawyer is defending the “snitch”. But that is another issue that I will address later. I just want the search and seizure issues explained.

Answer

If you do not believe your brother’s attorney is not representing him properly due to a conflict of interest, you should try to get him another attorney. If your brother is in custody, he should not be discussing the facts of the case with you; all jail conversations are recorded, either by phone or in person. With respect to the facts of the case, I recognize what your brother tells you is his version, but I doubt the officer’s arrest report states: “We illegally put a gun to the suspect’s head, forced our way into his home without probable cause or a search warrant, then found the substance in a hidden place”. Get a copy of the officer’s report, see what the other side’s version of the story is, and go from there.