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…
Articles Posted in Search and Seizure
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…
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…
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…
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…
Florida Police Arrest Suspect and Search Cell Phone Without a Search Warrant
In Florida, a common basis for a search of a suspect is called the search incident to an arrest. This allows a police officer to search a person who has been lawfully arrested. The main idea is that the person is being taken into custody by the police, and the…
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…
What Do Police Have to Prove About Drug Dog’s Qualifications?
In Jacksonville, Florida, we handle a lot of drug cases that arise from an arrest after a drug dog or K-9 alerts to the alleged odor of illegal drugs in a vehicle. In many of these cases, the police officer makes a routine traffic stop and then is suspicious that…
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…
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…