We wrote a previous entry about a case being decided by the United States Supreme Court regarding whether the police can have a drug dog walk onto someone’s property and sniff for the odor of illegal drugs without a search warrant. In many cases, a police officer will call for…
The general rule in Florida is that a police officer is not permitted to enter a suspect’s home without probable cause and a valid search warrant signed by a judge or consent from someone with authorization. The Constitutional protection against unreasonable searches and seizures provides the greatest protection in one’s…
In Florida, many drug cases arise after a suspect has given the police consent to search. We have a hard time understanding why people give police consent to search when they know they are in possession of drugs or other incriminating evidence, but they do quite often. When a suspect…
In Florida, many drug cases start out as routine traffic stops. A police officer stops a driver for violating some traffic law, suspects that the driver has drugs in the vehicle and then ultimately searches the occupants and/or the vehicle, either after walking a drug dog around the vehicle or…
In Wisconsin, there is a pending marijuana case that started when the police received a tip that the defendant was growing marijuana plants on his property. The local police solicited the assistance of the DEA who went on the property without consent and without a search warrant and installed video…
In Florida, there are generally two common bases that allow a police officer to search a person, vehicle, residence or anything else in which a person has a privacy right. If a person consents to a police search, the police can search pursuant to the terms of the consent. If…
Many drug cases start with a simple traffic stop that turns into a search of the vehicle by police and/or a police K9 and ultimately an arrest on some drug charge. However, in order for that drug charge to be valid, the initial stop of the suspect and the search…
In Florida, the United States and Florida constitutions afford citizens certain rights to prevent police officers from unreasonably stopping them, detaining them and searching them. The term “unreasonable” in this context refers to police searches and seizures that are done without sufficient, specific evidence to establish the person is involved…
In a trafficking in marijuana case near Jacksonville, Florida, police officers were given a tip from a person who said the defendant was growing large quantities of marijuana in his home. A tip like that by itself is rarely sufficient to get a search warrant, but it is usually the…
In a recent drug case near Jacksonville, Florida, the police obtained a search warrant to search the defendant’s house for ecstasy pills (MDMA). The search warrant authorized by the judge was a knock and announce search warrant. A knock and announce search warrant is fairly self-explanatory. When the police officers…