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Articles Posted in Search and Seizure

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Smell of Marijuana May Be Sufficient for Police to Search Your Car in Florida

A common scenario in Florida occurs when the police pull over a driver for a traffic violation and suspect the driver has drugs in his/her vehicle and finds a way to search the vehicle. For possession of marijuana or trafficking in marijuana cases, the police report often indicates that the…

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In Florida, Driver Cannot Give Police Consent to Search Passenger’s Property

In Florida, police officers are allowed to search a person or his/her property in limited circumstances. One situation where a search is usually legal is when the owner of the property or the person with authority over the property gives the police consent to search the property. However, a person…

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Police Follow Defendant Into His Home, Find Marijuana, But Case is Thrown Out

People in Florida have very strong privacy rights in their homes, and police can only enter a person’s home in limited circumstances. Normally, the police will either need a valid search warrant, consent from an authorized person or an emergency making it necessary to enter a person’s home when there…

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Normally a Search Warrant is Required to Search a Person’s House for Drugs

In Florida, if the police want to search a person’s home for drugs or other incriminating evidence, they would normally need a search warrant that can only be validly obtained if the police have probable cause to believe drugs or other evidence is in the home. The police can always…

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In Florida, Abandoned Property Can Be Searched by Police Without a Search Warrant or Probable Cause

The general rule in Florida is that a police officer cannot search a person’s belongings unless an established legal exception applies. Examples include: consent, a search warrant, a search incident to an arrest and probable cause to believe incriminating evidence is present and exigent circumstances. However, if a person abandons…

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Police Activating Emergency Lights May Be Enough for a Detention in Florida

Under search and seizure law in Florida, the police need to have reasonable suspicion that a suspect is involved in criminal activity before he/she can briefly detain the suspect for further investigation. A detention does not necessarily consist of a police officer telling a person to stop or stopping a…

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Search By Consent is Limited to Scope of Consent in Florida

In Florida, most people understand that the police cannot search a person’s home for drugs or other evidence of criminal activity without a valid search warrant or consent from someone with authorization. This privacy right may also extend to a person’s front and back yards. While a police officer may…

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Defendant Cannot Challenge Illegal Search of His Co-Defendant in Florida

In Florida, if the police conduct an illegal search of a person and find drugs or evidence of other criminal activity, that person can challenge the search and have the evidence thrown out if successful. However, what if the police conduct an illegal search of another person that detrimentally affects…

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