My husband and I had a domestic situation is January where he went to jail for assault. They issued a protective order and i was able to talk to the judge the same day and have it lifted. Well the courts didn't file it right apparently and my husband had came home on bond and an officer came knocking on the door to arrest him saying he had violated. My husband was inside our home but our main garage door was open. The officer walked thru my garage and knocked on the door that leads through our laundry room into our home and when my husband answered he grabbed him and pulled him outside and said he was in violation of a protective order. My husband explained to him that it had been lifted, the officer called the DA and she verified that yes it was lifted. The officer then proceeded to search my husband without asking him first, found an illegal drug in his pocket, and arrested him for possession. What do i do?
On those facts, completely inadmissible. The problem, of course, will be what lies the officer may tell. Hire a lawyer, and an aggressive lawyer.
You don't do anything. Your husband is now accused of a crime and, therefore, is entitled to an attorney. If he cannot afford one the court will appoint someone for him. If he can afford an attorney he ought to be sure to get the attorney and let the lawyer handle everything. You are merely a witness.
I agree with Mr. Wooldridge that these facts would argue that said search was completely illegal. He's going to need an attorney to file a Motion to Suppress the evidence. Get him a good criminal defense attorney that practices in Harris County. I take cases there, or can recommend others. Good luck!
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