Full question:
My boyfriend was stopped by two unmarked cars, a policeman pulled a gun on him and ordered him out of the car. My boyfriend questioned why he was stopped and was told that they had obtained a "pocket warrant". His car was then searched and supposedly 22 grams of crack cocaine were found. He was taken to jail and was told that his vehicle is being seized. The vehicle belongs to his mother. Also while in custody his laptop was taken and he was told it would be sent to the FBI as well there were phone calls made from his cellphone by the police. When he asked for his phones after he was released on bond a day later, he was told that he would get his phones quicker if he would sign a consent to have the phones sent to the FBI for tracing and if he didn't agree they were going to get a search warrant issued to have the phones traced. What exactly is a "pocket warrant" and the seizure and use of his cell phones by the police while in custody, is this legal?
- Category: Criminal
- Subcategory: Search and Seizure
- Date:
- State: Texas
Answer:
A "pocket warrant" pursuant to CCP art. 15.03(a)(2), is where an arrest warrant can issue "when any person shall make oath before the magistrate tha another has committed some offense against the laws of the State." It does not require that the person also request that the magistrate file a formal criminal charge. Thus, the arrest can take place before the suspects are aware that they are wanted for the crime, and the complaint can be filed after they are taken into custody.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
