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Using the Fourth Amendment to defend against criminal charges

On Behalf of | Jan 27, 2025 | Criminal Defense |

Pursuant to the Fourth Amendment of the United States Constitution, Floridians are protected from unreasonable searches and seizures by law enforcement officers. Generally, an officer must obtain a search warrant before conducting their search. The warrant will specify the area to be searched, and which items can be seized. The officer must adhere to these limitations.

Do officers always need a warrant?

There are several situations where an officer will be legally allowed to conduct a search without a warrant. Some of these warrantless exceptions include:

  • The owner (or whoever has control over the premises) consents to the search.
  • There was evidence in plain view (in sight of the police officers at the scene of the search).
  • The search was incident to a lawful arrest.
  • There were exigent circumstances (e.g., threat to someone’s safety or chance evidence would be destroyed).

Exclusionary rule can be used to suppress illegally obtained evidence

The exclusionary rule essentially states that if an officer conducts a search without a valid warrant or probable cause, any evidence obtained during that search is not admissible in court. The exclusionary rule may be used as part of a general criminal defense strategy.

For example, if a police officer illegally searched your home and discovered drug paraphernalia and other evidence of drug possession, your attorney could claim the evidence was obtained in violation of your Fourth Amendment rights and file a motion to suppress the evidence. If the motion is granted, the evidence will be excluded from your case. Without that crucial evidence, the prosecution may then have a difficult time proving your guilt, which could lead to a “not guilty” verdict or a dropping of the charges against you.

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