Warrantless Search and Seizure Cases in Brevard FL

July 20, 2022 3:33 pm
Written by admingl
Categories: Brevard County FL | Criminal Defense | Evidence | Florida Laws | Legal Advice | Motions | Police | Probable Cause | Search Warrant

The Fourth Amendment of the US Constitution ensures that each Citizen of the United States is free from ‘unreasonable searches and seizures’ by the US government. However, the term ‘unreasonable’ is not well-defined in this doctrine, granting the government latitude to conduct searches under the guise of public protection.

However, the US Supreme Court Justices interpreted reasonable as governmental searches and seizures conducted with probable cause. This means that searches and seizures without a warrant, conducted by law enforcement, with ‘probable cause’ to do so, is permitted.

Florida police are therefore allowed, in limited situations, to conduct warrantless searches and seizures.

Plain View Doctrine
Under this doctrine, if an officer observes evidence of a crime, such as shining a light into a vehicle and seeing evidence, they may conduct a search to further investigate.

Furtive Gesture
An officer cannot conduct a warrantless search or seizure on a hunch. They must have supportive evidence, except where they have reasonable suspicion based on specific and articulable facts that there is or was a crime being committed.

Stop and Frisk
Pat frisks are limited by law to the outer clothing, unless in cases where the officer has a level of suspicion they can back by supportive evidence or when they have specific and articulable facts to back up their hunch.

Motion to Suppress Evidence Seized During a Warrantless Stop
Violation of constitutional rights is grounds for having evidence suppressed, and a motion to do so may can be filed by a criminal defense attorney.

Tags: Constitution, Fourth Amendment, Plain View Doctrine, Stop and Frisk, Supreme Court, Warrantless Stop

Categorized in: Brevard County FL, Criminal Defense, Evidence, Florida Laws, Legal Advice, Motions, Police, Probable Cause, Search Warrant

This post was written by: admingl

Brevard County, Florida Lawyer

Many of the clients that we represent for criminal charges in Brevard County have no prior criminal record. Certain professions require special state or federal certification such as doctors, lawyers, nurses, private and public school teachers, state and federal law enforcement officers and members of the military. Individuals in these professions face special challenges after an arrest and prosecution.

Even if the charges are ultimately dropped, those indirect consequences can have a huge impact on the individual's career and future employment opportunities. Similar problems impact individuals working as defense contractors or who are required to carry a firearm or use a concealed weapons permit for their employment.

Even high school and college students can face serious immediate consequences to their education after an arrest or criminal accusation. Our criminal defense attorneys work with these individuals to minimize both the direct and indirect consequences of an arrest and prosecution. We work with clients throughout Palm Bay, Rockledge, Titusville, Cocoa, West Melbourne, Indian Harbour Beach, and nearby areas.

The Florida criminal defense team at Germain Legal will zealously fight for their clients. We take an aggressive approach coupled with a meticulous attention to detail. We believe that by filing and litigating all viable motions we can often negotiate a better resolutions to the case or force the prosecutor to drop the charges. Florida law provides for important protections by filing motions to exclude evidence, motions to suppress statements, and motions to dismiss criminal charges.