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.
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.