Unlawful Search And Seizure? Know Your Rights.

Under the U.S. Constitution, you have a right to protection against unlawful search and seizure. Despite these constitutional restrictions, unreasonable searches and seizures by police and investigators happen on a daily basis throughout the United States.

If you are facing state or federal charges and jail time due to a baseless search, you may be able to request evidence suppression and pursue a reduction or dismissal of charges. In some cases, it is possible for the skilled defense attorneys at Aiken & O’Halloran to intervene early in the case to prevent charges regarding the alleged offense from even being filed. However, you will want our team’s legal experience and effective defense strategies on your side as soon as possible. Charges are not dropped or dismissed automatically. You need an experienced criminal defense attorney to intervene in your case to protect your rights and freedom in this complicated situation.

Facing accusations of a criminal offense? For a free initial consultation, please contact the Fort Myers criminal defense attorneys at Aiken & O’Halloran. Call 239-955-6715 or complete our contact form. We represent clients throughout the Fort Myers area. Let us help you through this challenging time.

What Is Unlawful Search And Seizure?

A police search may happen under a number of circumstances. The police may stop your vehicle, and that could lead to a search. The police may detain you for questioning, and that could lead to a search. Prosecutors may also obtain a search warrant so that investigators can search your home, vehicle or other property. In all of these scenarios, law enforcement must have a legitimate reason for the search — a reason that can stand up in court. Otherwise, evidence obtained in the search may be thrown out, and the charges may be reduced or dismissed.

Search and seizure may be unlawful for a number of reasons. For example, if the police did not have a reasonable suspicion of illegal activity when pulling you over, the traffic stop may have been unlawful. Another example would be if the police did not have a good reason to detain you on the street for questioning, and the questioning led to an unlawful search. This type of “stop and frisk” by police is increasingly common, and police often violate people’s constitutional rights in “stop and frisk” situations.

Some searches are subject to a warrant requirement. When it comes to such a search, you may have grounds for contesting anything that came from it if police officers lacked a valid warrant. If a search warrant was executed on your property, it is important to understand that the warrant must be limited in scope and specific about the types of evidence being sought by investigators. In some cases, if investigators exceeded the scope of a search warrant, the seized evidence may be suppressed from the court record.

Unlawful search and seizure can happen in a wide variety of criminal cases, including those involving:

• Drug charges, such as drug trafficking, drug possession or federal drug crimes
• Violent crime charges, including domestic violence accusations and use of deadly weapons
• White collar crime charges, including embezzlement, money laundering and insurance fraud
• Sex crime charges, including sexual assault and rape
• Gun charges, including those involving automatic weapons, concealed weapons and distribution of firearms
• Juvenile crimes, including theft or drinking offenses

Our team includes a former prosecutor and a former federal agent — both of whom are now dedicated and successful criminal defense lawyers. We know what is required for a search to be legal, how to uncover evidence of law enforcement wrongdoing and how to defend against unlawful search and seizure. We can help you go over potential defense options, analyze any plea bargain offers presented and provide you with effective, determined legal representation. Come to us for powerful defense strategies backed by extensive experience.

Frequently Asked Questions On Florida Unlawful Search And Seizure

In our many years of representing clients across Florida, here are ansers to some of the questions we often field regarding unlawful search and seizure by law enforcement:

When can I refuse a police search at a traffic stop?

You have the right to refuse a police search during a traffic stop under certain circumstances. You can refuse the search if the police do not have:

• Probable cause: Police officers typically need probable cause to conduct a search.
• Consent: If an officer asks to search your vehicle, you have the right to refuse, but they may search anyway.
• Warrants: Police may need a warrant issued by a judge to conduct a lawful search unless there is clear evidence of illegal activity.

If you refuse a police search within your rights, the evidence obtained may be inadmissible in court due to a violation of your rights.

What constitutes a valid warrant in Florida?

A valid Florida search warrant must meet specific criteria to be enforceable:

• Issuance by a judge: A warrant must be issued by a judge or magistrate and must clearly state the terms of the lawful search.
• Probable cause: The warrant must be based on probable cause.
• Specificity: The warrant must specify the exact location to be searched and identify the specific items or individuals to be seized.

An experienced defense attorney can build a strategic defense challenging the validity of the warrant, potentially leading to the suppression of any evidence obtained during the search.

What are my rights when the police or law enforcement want to search my property?

When police or law enforcement want to search your property, including your vehicle or home, you have the following rights:

• You have the right to refuse consent for a search.
• You have the right to read and study the search warrant.
• You have the right to be informed of your options.
• You have the right to consult with an attorney.

If the authorities in Florida violate your rights, it can lay a sturdy foundation for your defense, especially with legal guidance from a trusted criminal defense law firm.

Contact Aiken & O’Halloran Today

We stand ready to help you understand your options after an unreasonable search or seizure. We can fight law enforcement wrongdoing, false accusations, violations of your privacy rights (including digital privacy rights), invalid actual arrests and actions that could deny you a fair trial. For a free initial consultation, please call us at 239-955-6715 or complete our contact form. Our aggressive defense attorneys represent clients throughout the Fort Myers area.