What is an Illegal Search and Seizure?
Facing criminal charges in Florida is stressful and intimidating. With the help of an attorney, you have the right to challenge certain evidence presented against you. If you can show that law enforcement obtained evidence through an unlawful search and seizure, it gives you an even better chance of defending your case. Below, one of our Fort Lauderdale criminal defense lawyers explains more about unlawful search and seizures.
What is an Unlawful Search and Seizure?
An unlawful search and seizure refers to when police or other law enforcement officers conduct a search and/or seize evidence with following proper protocol. Under the Fourth Amendment, all individuals in the United States are protected from illegal searches and seizures. Under this law, police must have probable cause to believe a crime was or is being committed to search a property. In the majority of cases, police also need a warrant to conduct a search.
In any criminal case, the prosecution heavily relies on evidence collected from law enforcement agencies. If it is found that the evidence was collected illegally, it may be deemed inadmissible and be thrown out of your case. This can significantly weaken the prosecution’s case against you.
Exceptions to the Warrant Requirement
When police do not have a warrant but search a person or property anyway, it may constitute a violation of a person’s civil rights. Still, state law in Florida outlines specific exceptions to the warrant requirement. These are as follows:
- Consent: Police officers are not required to obtain a warrant if you consent to a search of your person or property. Consent must be given freely and police cannot coerce you into providing consent. It is recommended that you never consent to a search, as this can forfeit your rights and weaken your case.
- Searches related to arrest: If police followed proper legal procedure when arresting you, they can search your person and the close vicinity without first obtaining a warrant.
- Exigent circumstances: In instances when a search must be conducted quickly in order to prevent the destruction of important evidence, law enforcement officers do not typically have to first obtain a warrant. For example, if an officer pulls a driver over for suspected drunk driving, they do not have to obtain a warrant first because the driver would likely flee the scene while the warrant was being obtained.
- The plain view doctrine: If a police officer can see evidence in plain sight, they can seize it without first obtaining a warrant.
Even if one of the above exceptions is applicable in your case, it is still critical to speak with a Fort Lauderdale criminal defense lawyer who can advise on the best defense for you.
Call Our Criminal Defense Lawyers in Fort Lauderdale Today
At Haber Blank, LLP, our Fort Lauderdale criminal defense lawyers can determine if your rights were violated and prepare the strong defense you need to protect your freedom, and your future. Call us today at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.
Source:
law.cornell.edu/wex/fourth_amendment
