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What Are Search and Seizure Laws?
The Fourth Amendment to the U.S. Constitution states that people have the right to privacy and not to have property seized without due cause. The term “search” refers to situations when a law enforcement or government member searches your property or other information. In most cases, a search warrant is required to conduct a legal search. A search warrant is a legal document enacted by a judge after the judge determines the government or law enforcement agent has reasonable cause to conduct the search.
If your property (for example, your home or vehicle) is searched by law enforcement who doesn’t have a search warrant, doesn’t have reason to think you have something illegal in your possession, or without having arrested you, it may be unconstitutional.
However, there are exceptions to the requirement of having a search warrant.
What Are Situations in Which a Police Officer Can Search Without a Warrant in Florida?
There are several. This is not a complete list and is only intended to give examples. If you’re uncertain as to whether the search conducted in your case was legal or not, contact an experienced drug crime defense attorney.
- Good Faith Exception. The Supreme Court ruled that it’s deemed constitutional if an officer can prove they conducted a search and seizure without a warrant in good faith.
- Terry stops. A Terry stop is also called a stop-and-frisk. It means the officer has reason to believe someone is engaged in or about to engage in a crime, so the officer has the right to stop them and frisk them or conduct a search.
- Search after arrest. Florida law enforcement is legally allowed to search a person’s property once they’ve officially arrested them.
- Probable cause. This means officers have enough reason to believe a crime has been or is being committed to search without a warrant because they don’t have time to apply for one.
- Vehicle searches. Vehicles don’t have as much legal privacy as homes do because of their mobility. Given that a suspect can drive away while having illegal items, such as drugs, in their car, police have the right to search a vehicle during a routine stop if they see something illegal. For example, if someone is pulled over for speeding and the police officer sees illegal drugs in the passenger seat, they have the right to conduct a search.
- Personal safety. If the officer or agent has reason to believe their safety is in danger, they can conduct a search to prevent themselves from being harmed.
- Exigent circumstances. During an emergency (such as a mass shooting incident), police can conduct searches to protect public safety.
- Residence searches. If officers have reason to believe certain crimes, such as child abuse, are occurring in someone’s home, they have the right to search without a warrant.
As you can see, this is a complex legal area and one that’s sometimes open to interpretation. That’s why it’s vital to work with an experienced criminal defense attorney to determine whether or not your rights were violated.
How Does Consent Work in a Search?
This is something crucial that many people don’t understand: You do not have to give permission for an officer or agent to search your home or vehicle. If they ask and you say no, they’re not allowed to search. But if you do consent, that makes the search legal and constitutional. However, consent must be freely and willingly given; if the officer coerces the consent in any way, including by use of threat, that could be a violation of the Fourth Amendment.
It’s also important to know that police officers do not have to inform the person that they have the right to withhold consent to search. Unlike the Miranda warning, which legally must be read to someone being arrested to inform them of their rights, including the right to remain silent, law enforcement doesn’t have to inform anyone of the right to withhold consent. They may even imply that they don’t need consent when they don’t have a warrant. If that happens to you, contact a criminal defense attorney as soon as possible.
What Constitutes Probable Cause?
Because law enforcement or government agents can claim probable cause for search and seizure without a warrant, it’s vital to understand what that can mean. For search and seizure to be legal without a warrant, the officer or agent must believe they have facts or understanding of circumstances for the following.
- The suspect already committed a crime.
- The suspect is in the process of committing a crime
- The location in question contains items that are connected to that crime
What Should I Do if I Think I’m the Victim of an Illegal Search and Seizure?
Call DeMichael Law as soon as possible at 863-216-1831 to request a free case evaluation. Drug charges are serious and can lead to severe consequences. I can examine the specifics of your case to determine if your constitutional rights may have been violated and, if so, what the best approach is to build a defense to protect you. I understand how crucial it is for you to avoid becoming a convicted felon or having to face time in jail and will strive to avoid that happening. My record for getting cases dismissed in state courts is higher than the national average. Call me today to learn if your case may be eligible for dismissal.
