Texas-Book-Gun Law Armed And Educated - Flipbook - Page 59
home or your property is lawful and can constitute plain view.
Similarly, aerial views of your property by airplane or helicopter
are plain view and do not require a warrant. Infrared imaging
and dog sniffs of your home, however, require warrants based on
probable cause and do not constitute plain view (or smell). In the
2013 legislative session, the Texas Legislature passed a bill which
requires that police obtain a warrant for drone surveillance on
misdemeanor cases, but police may conduct the same surveillance
for felony offenses on reasonable suspicion alone! No probable
cause or warrant required!
2. Can the police claim “plain view” if you have “no trespassing”
signs?
Yes. A “no trespassing” sign does not stop law enforcement
officials from seizing items in plain view on your property. A “no
trespassing” sign might stop an officer from searching through
your abandoned property or from physically setting foot on your
property (unless one of the exceptions applies), but courts often
allow officers to skirt this requirement by claiming they did not see
any posted “no trespassing” sign before entering the property.
IV. WHEN CAN THE POLICE SEARCH MY VEHICLE WITHOUT A
WARRANT?
Many Americans would be shocked to learn that the Fourth
Amendment provides very little protection for their personal
vehicles. The Supreme Court justified this lessened expectation
of privacy in the 1925 case of Carroll v. United States, 267 U.S.
132 (1925). In Carroll, the Court reasoned that a car’s mobility
makes it more difficult for the police to secure a search warrant, and
because automobiles are already subject to increased government
regulation, people should not expect the same security against
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