How Can Police Misconduct Impact Drug Crime Defense in Texas?

 Posted on July 10, 2025 in Criminal Defense

Facing federal or state drug charges in Texas means you need a strong defense to challenge the allegations against you. Even when prosecutors believe they have strong evidence, constitutional protections exist to ensure fairness and justice. Police misconduct can dramatically affect the outcome of a drug case, sometimes resulting in suppressed evidence or dismissed charges. A San Antonio, TX drug crimes defense attorney knows that exposing misconduct is often the key to building a successful defense.

How Do Illegal Searches and Seizures Affect Drug Charges in Texas?

One of the most common forms of police misconduct in drug cases involves illegal searches and seizures. The Fourth Amendment to the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect you from unreasonable searches. Police typically need a valid search warrant supported by probable cause before they can search you or your property. 

For example, an Edgewood ISD arrest raised significant search-and-seizure concerns when a man was detained near Roosevelt Elementary School. His defense attorney argued that officers lacked probable cause and stated that the man was handcuffed without proper questioning or consent before the search. Officers sometimes ignore the rules, claiming exceptions like consent or an emergency that requires them to search without a warrant. Under the Texas Code of Criminal Procedure Article 38.23, evidence obtained through an illegal search can be excluded, preventing prosecutors from using unlawfully seized evidence in court.

The Role of Chain of Custody in Drug Crime Investigations

Police misconduct also impacts evidence through the chain of custody. This legal process documents how evidence is collected, stored, and transferred to ensure it remains unaltered. In drug cases, the prosecution must prove that the seized substance tested in the lab is the same substance allegedly taken from you.

If officers do not keep proper chain-of-custody records or mishandle evidence, it can cast doubt on the reliability of the prosecution’s case. Gaps in documentation or unexplained transfers raise questions about whether the evidence was altered or contaminated. Under Texas Health and Safety Code § 481.115, proving possession requires reliable evidence of the drug’s identity and weight. Without that certainty, the state’s case can quickly collapse.

How Can Interrogations Cross Legal Lines in Texas Drug Crime Investigations?

Misconduct can surface during police interrogations as well. Officers can question you. However, they have to respect your rights when they do. The Fifth Amendment and the landmark Miranda v. Arizona decision require the arresting officers to inform you of your rights before questioning you. Sometimes officers overstep legal boundaries, using threats, false promises, or prolonged questioning to get confessions. In Texas, Article 38.21 of the Code of Criminal Procedure makes it clear that any statement must be freely and voluntarily given to be admissible in court. When a confession is obtained illegally, it can be excluded from evidence. Losing a confession often leaves prosecutors without strong evidence.

Schedule Your Consultation With a San Antonio, TX Drug Crime Defense Attorney Today

If you have been charged with a drug offense in Texas, do not assume the evidence against you is unchallengeable. Police misconduct can fundamentally weaken the state’s case. An experienced attorney will identify these issues and fight to protect your rights. Call 210-226-0965 to speak with a San Antonio, TX drug crime defense lawyer at Law Offices of Sam H. Lock today to discuss your options.