Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Delivery of Meth

In State v. Powell, during Appellee's trial for possession with intent to deliver meth, the court suppressed the drugs because the seizure of two safes, one of which contained the drugs, violated his Fourth Amendment rights because these safes were not "particularly described" in the search warrant as items to be seized.  There is no dispute that while executing the search warrant, the police could have searched the two safes.  However, the police seized the safes and took them to the police station, where they searched them the next day and found the methamphetamines.

The appellate court held that the massive remedy of exclusion of the meth is not required in this case.  The meth was not obtained because the police may have unlawfully seized the safes but because of a subsequent search pursuant to a lawful warrant.  The police could have seized the safes in the home because the safe defendant bought with a forged check was property described in the affidavit and the police could have reasonably believed that one of the safes was the one purchased with a forged check.  Any remedy that Appellee might have is a civil suit for damages for his alleged unlawfully seized safes.

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions