When the police approach someone and stop him/her to ask questions about a crime, it is typically considered a detention in Florida. The police are not allowed to detain someone for investigation without consent or specific evidence that the person is involved in criminal activity. It is very common for…
Articles Posted in Search and Seizure
There is a Constitutional Right to Privacy in Hotel Rooms in Florida
In Florida, there is a well-protected Constitutional right to privacy and to be free from unreasonable searches and seizures in one’s home. While the privacy right is not as strong, one also has a similar Constitutional right in his/her hotel room. The police cannot just barge into a hotel room…
Bondsman Assists Police with Marijuana Cultivation Arrest in Florida
In most drug cases, particularly cases where the police arrest someone for manufacturing or growing marijuana, the case starts out with the police getting a tip that the suspect is growing marijuana in his home or on his property. The police conduct surveillance, check the trash, check electricity bills for…
Florida Students in School Have Less Protection Under Search and Seizure Provisions
In Florida, people have a strong constitutional protection to be free from unreasonable searches and seizures from the police. This protection is stronger or weaker depending on what is being searched. For instance, it is the strongest when it comes to one’s residence and somewhat weaker when it involves a…
Police Withholding Facts From Judge May Not Negate Search Warrant in Florida
In Florida, if the police want to come on to a person’s property to search it for drugs or other evidence of criminal activity, they normally need a valid search warrant signed by a judge. Alternatively, they can usually go up the residence, knock on the door and ask for…
Police in Florida Cannot Get Valid Consent to Search After Illegally Entering Residence
In Florida, there are few exceptions to the requirement that police officers must obtain a search warrant signed by a judge before they enter someone’s residence to search for evidence. One such exception is that the police can normally approach a residence, knock on the door and ask the occupant…
Florida Police Cannot Stop and Arrest Suspect for Loitering Without Specific Evidence of Threat or Crime
In a recent burglary and loitering case south of Jacksonville, Florida, the victim reported to police that a person knocked on his door asking for someone who didn’t live there and then left abruptly in a black vehicle. This occurred in a neighborhood with a lot of recent burglaries. The…
Can a Police Officer in Florida Make a Valid Drug Arrest Based on Inaccurate Information From His Computer?
In a marijuana and drug paraphernalia case near Jacksonville, Florida, the defendant was driving when a police officer decided to run his tag on the officer’s computer. The computer showed that the defendant’s tag was registered to a different vehicle. As a result, the police officer stopped the defendant and…
Police Officer Can Investigate a Person To Check His/Her Welfare in Florida
Normally, for a police officer to stop or detain a person in Florida, the officer needs consent from the person or specific evidence that the person is involved in criminal activity. However, there are exceptions to the search and seizure laws, and one of them involves a situation where it…
Suspect Arrested for Drugs After Stopped Walking in Street in Florida
In drug cases in Florida, the police are not allowed to stop a person and investigate him/her for drugs or other illegal activity without probable cause to believe the person is committing a crime. The police can always approach a person and ask to talk to him/her and/or search him/her,…