Search and Seizure Rights in Lakeland Drug Cases: Know Your Protections

Do You Have Protections From Searches and Seizures in Drug Cases?

As a US citizen, you are protected by the Fourth Amendment of the Constitution from unreasonable searches and seizures by government agencies and law enforcement. It can be a violation of your constitutional rights if an officer does not adhere to the legal requirements for a search of your person or property, conducts a seizure of evidence improperly, or takes you or a loved one into custody without probable cause. However, determining the legality of a search can be challenging as exceptions to the law may apply under certain circumstances.

It is vital to speak with a knowledgeable Florida drug crimes defense attorney as soon as possible if you believe you have been subjected to an illegal search and seizure. Unlawfully obtained evidence of criminal activity cannot be used against you at trial. However, you must prove to the court that the search and seizure was conducted in violation of your rights to have this evidence suppressed. A skilled attorney can investigate the case and represent your interests in court to ensure your rights are protected.

What is a Search Warrant?

In many cases, law enforcement will require a search warrant to enter and search your private property, such as your vehicle or home. A search warrant is a document signed by a judge that allows law enforcement to look for evidence of a criminal act within a clearly defined location. To obtain a warrant, an officer must demonstrate to the judge that there is probable cause to believe the owner or occupant of the property has committed or is in the process of committing a crime or that the location contains objects connected to a criminal act.

In addition to showing probable cause, the requesting officer must seek the search warrant in good faith. The warrant has to provide specific details about the scope of the search, including the exact areas to be examined. If the warrant’s scope is too broad or the officer looks in places not described in the warrant, any evidence found in those places may be inadmissible during trial.

What Rules Govern the Execution of a Search Warrant?

A neutral judge must sign the warrant before it goes into effect. Once a warrant is obtained, the search must be completed in a timely manner by law enforcement. Unreasonable delays in executing a warrant could render it invalid because the originally stated probable cause for the search may no longer apply.

When executing the warrant, law enforcement generally must observe the knock-and-announce rule. Under this rule, an officer must knock or alert the occupants to their presence, state their purpose and authority to enter, and then wait a reasonable amount of time before forcing entry without consent. However, the law allows exceptions to this rule if the officer believes evidence could be destroyed, individuals on the property are at risk of immediate harm, or law enforcement would be put in greater danger.

Under What Circumstances Could Warrantless Searches Be Allowed?

While many situations require officers to obtain a warrant before a search for controlled substances, valid searches and seizures can occur without a warrant if certain conditions are met. Examples of exclusions where warrantless searches could apply include:

• Voluntary consent to search: If you willingly agree to the search, you waive your rights, and officers will no longer require a warrant. However, the consent is invalid if it was coerced through threats or by a false claim of possessing a search warrant.
• Items in plain view: Fourth Amendment rights generally only apply if you have a reasonable expectation of privacy in the situation. If an illegal substance or item is in plain sight where a member of the public or an officer could see and access it, it could be subject to seizure.
• “Terry stop” or stop-and-frisk: If an officer has reason to believe an individual may be carrying a weapon or committing a crime, they may briefly detain the person and pat down (frisk) their outer clothing. A traffic stop can also allow an officer to frisk vehicle occupants.
• Automobile searches: Vehicles are treated differently than other forms of private property because they are movable, and the potential evidence they contain could be more easily destroyed. If an officer reasonably believes an occupied or unoccupied vehicle is holding drugs or other evidence of a crime, they can perform a warrantless search. This exception also applies to other conveyances, including trailers, planes, RVs, and boats.
• Emergency or “hot pursuit” situations: In situations where public or officer safety could be at risk or law enforcement believes crucial evidence could be destroyed, they may be able to justify a search and seizure without a warrant. When in hot pursuit of an individual charged with a felony, officers are allowed to enter properties to search and seize items.

What Should You Do if You Believe an Illegal Search and Seizure is Occurring?

When you are subjected to a search and seizure, it can be frightening for you and anyone else in the location. If officers do not adequately follow the law, it can significantly impact your criminal case. The exclusionary rule allows the suppression of any evidence obtained through means that violate your constitutional rights. Although it can be difficult to identify whether your rights are being infringed upon in the moment, there are steps you can take to protect yourself, such as:

• Not physically resisting the search: Fighting or threats against officers could lead to further charges and more complications. Challenging the search in court is more effective.
• Not giving consent: Consenting to a search can negate your rights. Make a point of calmly stating that you do not agree to the search.
• Contacting a trusted defense lawyer as soon as possible: A lawyer can explain your legal rights and determine whether they have been violated.

If you have been charged with a drug crime involving a search and seizure, understanding the protections provided by law can be critical. For a free case evaluation with an experienced Lakeland defense attorney, contact DeMichael Law today at 863-216-1831.