Improper Search & Seizure
An unreasonable or improper search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.
In Florida if you’ve been stopped by law enforcement and they’ve actually conducted a search of your car, that may be something that’s illegal. They may have done an improper search or they may have seized something improperly.
For example, if a car is stopped and law enforcement believes there are drugs or narcotics in the car, the fact that they use a canine, or a dog that’s trained to sense the presence of drugs and the dog indicates, they can usually search your car for those things.
But, if for example, during the search of your car, they find some documents, and when those documents may be used against you in a criminal case, we may be able to prevent the court and prevent a jury from ever hearing that evidence because that was improper. The dog can search for drugs because they’re trained to do that. They can’t search a piece of paper or folder that doesn’t indicate to that.
We can stop them from using that as evidence against you in a case later on. That’s known as an improper, or illegal search and seizure.
I’m Jeff Quisenberry with the Fernandez Law Group. We can help.
Our Defense Lawyers are ready to provide you with a detailed consultation for FREE!
CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.
Florida Law regarding Improper Search & Seizure:
2020 Florida Statutes, Chapter 933 – Search and Inspection Warrants:
933.01 Persons competent to issue search warrant.—A search warrant authorized by law may be issued by any judge, including the committing judge of the trial court having jurisdiction where the place, vehicle, or thing to be searched may be.
933.02 Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:
(2) When any property shall have been used:
(4) When any property is being held or possessed:
This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state.
The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.