Law enforcement officers are vested with the powers to make arrests, pursue investigations, conduct searches and seizures of both persons and their belongings and in some cases use lethal force during the dispensation of their duties if their lives are threatened. However, just like with any other laws, these powers must be exercised within the boundaries stipulated by the constitution, and whenever they exceed their jurisdiction or mandate, they put in jeopardy the admissibility of the evidence collected for the prosecution’s case. These limits are clearly defined in the Fourth Amendment, which serves as a guide when it comes to search and seizures.
The 4th Amendment of the U.S constitution sets limits on the powers of the police to search people, their property, seize items, and make arrests. The provisions stated are all about privacy. To honor this fundamental right, this Amendment protects the public from unreasonable searches and seizures by both federal and state law enforcement authorities.
Search and Seizure Laws in Florida
Despite all its provisions, the 4th Amendment does permit any kind of search and seizure deemed to be reasonable. This means that law enforcement officers may supersede your privacy requirements and embark on a search of your car, home, office, barn, boat, bank account statements, personal or business documents, barrel, trash or wherever else deemed necessary. They only need to find evidence or prove that you have committed a crime and a judge will issue a search warrant. However, there are situations that a search may be justified without a warrant. This is usually dependent on a wide range of factors whose legality may be established before or during a trial.
According to the 4th Amendment, a seizure relates to the gathering of evidence by law enforcement agents and the arrests of persons. As the law stands, a police officer must obtain an arrest warrant before detaining an individual for questioning. However, this may be surpassed if there is probable cause to show that a criminal offense has been committed or will be committed, and there is no time to secure a warrant. This may also apply of if the offender commits the crime in the officer’s presence.
An invalid search or seizure is not an automatic defense against prosecution. However, if it is not the result of probable cause, any evidence obtained during the arrest may be deemed inadmissible in court. To determine if evidence should be inadmissible, speak to a drug crimes attorney.
A Search warrant is defined as a judicially approved document that empowers law enforcement agents to search a particular area. The search may only take place as stated in the warrant. In addition, only the items listed in the warrant may be seized unless there is evidence of criminal mischief in plain sight.
Some defendants tend to believe that if they can prove that a search was illegal, their case will be dismissed. This is not always the case. If the prosecution has enough evidence to prove beyond reasonable doubt that you are guilty, the case will proceed. It all depends on how and where the evidence is found. A judge may also use his or her discretion when it comes to such matters.
For more information, speak to one of our drug crimes lawyers today.