Your Privacy is Not Negotiable.
The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement kicked down your door without a warrant or searched your car without probable cause, we fight to ensure the evidence they found cannot be used against you.
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"The Fruit of the Poisonous Tree"
In the eyes of the law, how the police find evidence is just as important as what they find.
If an officer breaks the Constitutional rules to find drugs or a weapon, that evidence is considered “Fruit of the Poisonous Tree.” It must be thrown out. Without the evidence, the prosecutor often has no choice but to dismiss the case.
At Saffold Law, we scrutinize every interaction. We don’t just defend you against the charges; we put the police conduct on trial. If they cheated to arrest you, we make sure they lose.
Common Illegal Searches We Challenge
Police often rely on your ignorance of the law to conduct searches they aren’t actually allowed to do.
1. Illegal Traffic Stops & Vehicle Searches
- The “Extended” Stop: Police cannot hold you on the side of the road indefinitely just to wait for a K-9 unit to arrive. If the ticket writing is done, you should be free to go.
- Pretext Stops: Pulling you over for a minor issue (like a license plate light) just to fish for other crimes without real probable cause.
2. Warrantless Home Entries
Your home is your castle. Police generally need a warrant to enter. We challenge:
- “Consent” Claims: Police claiming you “let them in” when you actually felt coerced.
- Exigent Circumstances Abuse: Police claiming there was an “emergency” just to bypass the judge and kick down your door.
3. Illegal "Stop and Frisk"
An officer cannot pat you down just because they have a “hunch.” They need specific, articulable facts that you are armed and dangerous. If they find contraband during an illegal pat-down, we fight to suppress it.
4. Cell Phone Searches
Police generally cannot search the contents of your phone incident to arrest. They need a specific warrant for digital data. If they scrolled through your texts without one, they violated your rights.
Fighting Asset Forfeiture (Getting Your Property Back)
“Seizure” doesn’t just mean arrest; it means theft.
In Texas, police can seize your cash, car, or property if they merely suspect it was involved in a crime, even if you are never convicted. This is called Civil Asset Forfeiture.
We fight to get your property back. We force the state to prove that your cash was actually connected to criminal activity, rather than just legally earned savings.
What We Fight For (Your Outcomes)
- The Motion to Suppress
This is the most powerful tool in our arsenal. We ask the judge to rule that the search was illegal and to ban the evidence from trial.
- Case Dismissal
If the drugs, gun, or stolen goods are suppressed, the State usually has no case left to prosecute.
- Civil Damages
If the violation was egregious (e.g., a SWAT raid on the wrong house), we pivot to a Civil Rights lawsuit to recover money for the trauma and property damage.
How We Build Your Strategy
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1. Body Cam Analysis
We watch the footage frame-by-frame. Did the officer ask for consent? Did you say “No”? Did they really have a reason to stop you?
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2. The Warrant Audit
If there was a warrant, we check if it was valid. Did the police lie to the judge to get it signed? (A “Franks” Hearing).
3. The Constitutional Argument
We cite specific Supreme Court precedents that match your situation to prove the officer’s actions were unconstitutional.
Bad Searches Kill Cases.
If you suspect your rights were violated during your arrest, time is critical. Contact Saffold Law to launch your Constitutional defense.
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