Illegal Search & Seizure in Florida
Protect Your Rights from an Illegal Search & Seizure – 407-420-4647
You are protected by a number of rights, including the right to be protected from illegal search and seizure. If you or a loved one has been arrested after police conduct a search without a warrant or your consent, you may be a victim of an illegal search and seizure. Your Fourth Amendment rights protect you from illegal search and seizure, which may be used to charge you with a crime. Our Orlando search & seizure attorney can help you protect yourself from further violations of your rights.
Police Mistakes May Lead to Illegal Arrests
There are certain rules that law enforcement officers must follow when conducting a search. These rules are complex, but every officer must abide by them when conducting searches. If they do not, the search and seizure of any evidence may be considered illegal. Any evidence that has been gathered in an illegal search and seizure may not be used against you in court, which means your attorney can file a motion to suppress this evidence. Your charges may be dismissed if the evidence the prosecution was relying on was gathered illegally.
Searches typically require warrants, but there are situations in which a warrant may not be necessary. These circumstances include:
- Consent search: Police can legally search and seize evidence when permission is given.
- Plain view search: If the evidence is out in the open, or in an area police can access, it can legally be seized.
- Search during arrest: If you have been lawfully arrested, police may search you for weapons or evidence that may be destroyed.
- Search of your car at a traffic stop: If the officer has reasonable suspicion that your vehicle contains something illegal, they may search your car at a traffic stop.
- Search for an emergency purpose: If public safety is at risk or important evidence may be lost, law enforcement officers may be able to search without a warrant.
Helping Defend Your Rights Against Illegal Search & Seizure – 407-420-4647
If you have been arrested after a search, our team at The Wiseman Law Firm has 20 years of experience and can investigate your case and discover if the search was legal or not. Our attorney will help you protect your rights and we can help you build a strategic defense to ensure that you receive just and fair treatment.