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Illegal search and seizure is one of the most important parts of any criminal case.
A good Orlando defense attorney should be familiar with the ins and outs of the search and seizure laws in Florida. Yet many people find that the laws surrounding the Fourth Amendment tend to be subjective and, therefore, confusing. For example, police can search your car if they have “probable cause,” but just what counts as probable cause? When are law enforcement officers within their rights and when are they performing a search illegally?
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
What Is an Illegal Search?
The Fourth Amendment applies to private citizens whenever we have a “reasonable expectation of privacy.” For instance, when you are in your own private home, police generally cannot perform a search without a warrant.
This gets a little more complicated with your car, where police typically apply a “plain sight doctrine.” For example, if a law enforcement officer pulls you over for speeding, and the officer can see or smell marijuana in your car, it is legal for them to perform a search and you probably want to talk to a criminal defense attorney.
However, what if police pull you over for speeding and the officer does not see or smell anything suspicious, but then they check the trunk of your car and they find marijuana? A knowledgeable defense attorney can tell you that this search is in violation of your constitutional rights because there was no probable cause. Even in a case where you were arrested – say you were driving with a suspended license – it would still be illegal for the police to search your trunk for contraband because that is unrelated to the crime you were arrested for.
The good news is, if the court rules that search was performed illegally, no evidence found in that search can be used as direct evidence in a case against you. An experienced Orlando defense attorney can help you navigate this kind of situation and determine if there was actually an illegally handled search involved in your case.
If you need to speak with an attorney about this or any other criminal matter, please contact TK Law.
Get Help with Legal Issues Now! – Call 855-Kramer-Now (855-572-6376)
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