Article I, Section 9 of the Texas Constitution

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Adopted February 15, 1876:

The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.

Editor Comments

None.

Steve Smith

Recent Decisions

  • Hulit v. State, 982 S.W.2d 431, 436 (Tex.Crim.App. 1998) ("It is our holding that Article I, Section 9 of the Texas Constitution contains no requirement that a seizure or search be authorized by a warrant, and that a seizure or search that is otherwise reasonable will not be found to be in violation of that section because it was not authorized by a warrant. . . . We understand that our holding means that Section 9 of our Bill of Rights does not offer greater protection to the individual than the Fourth Amendment to the United States Constitution, and it may offer less protection.")

Historic Decisions

  • Heitman v. State, 815 S.W.2d 681, 690 (Tex.Crim.App. 1991) (footnote omitted) ("Therefore, given the foregoing reasons and the numerous decisions tacitly addressing the 'interpretation issue', we now expressly conclude that this Court, when analyzing and interpreting Art. I, § 9, Tex. Const., will not be bound by Supreme Court decisions addressing the comparable Fourth Amendment issue. In reaching this conclusion, we recognize that state constitutions cannot subtract from the rights guaranteed by the United States Constitution, but they can provide additional rights to their citizens.")

Library Resources

Online Resources