Managing Attorney
Introduction
Drug charges in Texas often begin with a traffic stop, a knock on a door, or a sudden search. But just because police found drugs in your possession doesn’t mean the case is over. If law enforcement violated your rights during the stop, search, or arrest, your case may be thrown out—even if the drugs were real and the charges are serious.
At Ceja Law Firm, we’ve helped clients throughout Houston fight back against unlawful police conduct. This article explains the most common ways your rights can be violated in a Texas drug case—and how those violations can lead to dismissal or a strong defense.
1. Illegal Traffic Stops
Police must have a valid legal reason to pull someone over. A minor traffic violation (like rolling through a stop sign or drifting briefly in a lane) might justify a stop—but only if it actually happened. If bodycam or dashcam footage shows the stop was based on a false or exaggerated claim, everything that follows may be inadmissible.
Houston Example:
We’ve seen Houston-area officers pull people over near apartment complexes or in “high crime areas” without articulating a real violation. That’s not enough under the law.
Hypothetical – Cocaine and the Fabricated Violation
Marcus is pulled over for allegedly failing to signal, but traffic footage shows he did. Police find cocaine in the glove box. Marcus is charged with possession of cocaine. However, because the stop lacked legal justification, the evidence may be thrown out.
2. Pat-Downs That Go Too Far
Officers can frisk a person for weapons only if they reasonably believe there’s a threat. They cannot use that frisk as an excuse to search for drugs. If they feel an item that clearly isn’t a weapon and manipulate it to figure out what it is, that violates your rights and the scope of the police’s right to conduct a frisk for officer safety.
Hypothetical – Marijuana in the Hoodie
Pablo is stopped for jaywalking in Midtown. During a pat-down, the officer feels a soft object and squeezes it before pulling out a bag of marijuana. Because the item wasn’t immediately identifiable as a weapon, the search may be unlawful.
3. Prolonged Detention After a Traffic Stop
Even if a stop starts off legal, it can become illegal if police drag it out without a good reason. For example, they can’t keep questioning you or wait for a drug dog unless something new gives them reasonable suspicion.
Hypothetical – Meth in the U-Haul
April is pulled over near Beltway 8 for briefly drifting in her lane. The officer issues a warning, then keeps asking questions unrelated to driving. A drug dog arrives 15 minutes later and alerts to meth and April is charged. Because the officer had no legal reason to prolong the stop, her defense lawyer may get the meth suppressed.
4. Defective Search Warrants
A search warrant must be supported by sworn statements and based on recent, reliable information. If a warrant is based on vague claims, old information (a “stale” warrant), or misrepresentations, it may be invalid.
Hypothetical – Ecstasy and the Stale Warrant
Taylor’s home in the Heights is searched under a warrant based on a neighbor’s tip from three months ago. The affidavit doesn’t explain why the drugs are still likely to be there. Police find ecstasy in a drawer. Because the information was too old and the affidavit failed to establish ongoing activity, the search may not hold up in court, and the possession of ecstasy charge may be dismissed.
5. Abuse of the Plain View Rule
Officers can seize illegal items they see in “plain view”—but only if they’re lawfully present and the item is obviously illegal. They can’t open containers, shine flashlights into tight spaces, or move things around to “see” something.
Hypothetical – Pills in the Console
During a stop, an officer leans into a car with a flashlight and opens a center console, claiming he saw “something suspicious.” He finds a bag of pills. Because he wasn’t entitled to open that compartment without consent or a warrant, the evidence may be inadmissible.
6. Warrantless Entry Into a Home
Your home is where your privacy is strongest. Unless police have a valid warrant or there’s an emergency (like someone being in danger or the police are in pursuit of a criminal in certain situations), they cannot enter without permission.
7. Illegal Seizures of Property
Even outside your home, police need legal authority to take your property. For example, they can’t seize your phone or backpack just because they’re suspicious. If they do, anything found as a result may be suppressed.
How These Violations Are Proven in Court
To take advantage of a rights violation, your attorney must first investigate the facts in detail. That means:
- Requesting all police bodycam, dashcam, and dispatch audio
- Reviewing the search warrant affidavit for errors or misstatements
- Interviewing witnesses or passengers
- Filing a motion to suppress based on constitutional violations
- Questioning the officers at a suppression hearing
The burden is on your lawyer to bring these issues to the court’s attention. But once a motion to suppress is filed, the prosecution must prove the search or seizure was lawful. If they can’t, the judge may throw out critical evidence—and the case could collapse.
At Ceja Law Firm, we’ve successfully argued motions to suppress in drug cases across Houston, and we know how to find these violations when they exist.
Conclusion
If you’re facing drug charges in Houston or anywhere in Texas, don’t assume the police followed the rules. Many cases fall apart when officers overstep their bounds. From illegal stops to defective warrants and bad searches, these violations can make or break your defense.
Ceja Law Firm is led by Board Certified Criminal Lawyer Jose Ceja and has helped countless clients get their drug charges reduced or dismissed. If you believe your rights were violated—or even if you’re not sure—contact us for a free case evaluation.
