Texas-Book-Gun Law Armed And Educated - Flipbook - Page 56
circumstances based on the theory that there is no time to secure a
warrant. If the officer “has reason to believe and does believe that the
person is a person with a mental illness; and because of that mental
illness there is a substantial risk of serious harm to the person or to
others unless the person is immediately restrained,” they may seize
all firearms in that person’s possession. See Tex. Health & Safety
Code § 573.001. The apprehended individual will then be taken to a
mental health facility to be examined by mental health professionals
and provided a hearing before a judge or magistrate. If the individual
is judicially determined to be mentally incompetent, they will lose
their right to purchase and possess firearms.
III. WHEN CAN THE POLICE SEARCH MY HOME WITHOUT A
WARRANT?
Your home is about as private as any place can get. The government
should always be required to get a warrant to search this ultra-private
space, right? Wrong! There are several scenarios where the police can
legally search your home or its surrounding areas without a warrant.
The following is a discussion of the most important exceptions.
A. Exigent circumstances
The police may enter and search a home in response to “exigent
circumstances.” Police officers typically claim exigency in order to
protect life, protect property, prevent the destruction of evidence, or
pursue a fleeing felon.
Once the crisis is contained, a further search of the home is not
permitted. However, officers may seize any evidence or contraband
that is in plain view inside the home. Further, what they see while in
the home may be used to support probable cause for a search warrant.
Know Your Rights: Part III | 45
