Search and Seizure Laws

The Fourth Amendment to the U.S. Constitution is designed to protect citizens from unlawful searches and seizures by law enforcement. In particular, police officers are required to obtain a search warrant before conducting a search. If the police search people unreasonably on their own property, any evidence that is seized may be inadmissible in court. While this seems straightforward, there are circumstances under which police officers can conduct a legal search without a warrant. If you believe your rights were violated, you need the advice and guidance of an attorney who understands search and seizure law in Florida.

Located in Miami, Valiente Law is committed to protecting the rights of citizens in South Florida. Our legal team is well-versed in the applicable state and federal laws and relevant court rulings regarding search and seizures. If you have been charged with a crime as a result of an unlawful search and seizure, we will work tirelessly to protect your freedom.

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Warrants and reasonable searches

The Fourth Amendment and Florida Constitution protect against unreasonable searches and seizures. A warrant generally must be supported by probable cause, issued by a neutral judge, and particularly describe the place to be searched and persons or things to be seized. A warrantless search requires an applicable legal exception; probable cause alone is not a blanket authorization to enter a home.

A brief investigative detention can sometimes rest on reasonable suspicion, while an arrest generally requires probable cause. Those standards do not make every search during a detention lawful.

Different exceptions have different requirements

Consent: Valid voluntary consent from someone with the required actual or apparent authority can permit a search within its scope. Coercion, limits on consent, and withdrawal of consent matter.
Plain view: Officers generally need a lawful vantage point, lawful access to the item, and probable cause to recognize its evidentiary or contraband character. Seeing something through a window does not automatically authorize entry.
Search incident to lawful arrest: This has limits tied to the person, accessible area, safety, and evidence. Arrest does not authorize an unlimited search of a vehicle, home, or phone.
Automobile exception: An evidence search requires probable cause to believe the vehicle contains contraband or evidence. Under United States v. Ross, 456 U.S. 798 (1982), the search’s scope is tied to the object sought and places where it could be found. Mere reasonable suspicion of “something illegal” is not the standard for this general evidence search.
Limited protective weapons search: During a lawful encounter, specific facts supporting a reasonable belief that a person is dangerous and may gain immediate control of weapons can justify a limited vehicle weapons search. This narrower safety doctrine is not an unrestricted search for drugs or other evidence.
Emergency aid or exigent circumstances: Specific objectively reasonable circumstances, such as an immediate threat to life or a qualifying risk of evidence destruction, may justify limited action. The exception must fit the facts and scope of the intrusion.

Florida’s dwelling-warrant statute

§933.18 lists grounds on which a search warrant may be issued for an occupied private dwelling, with sworn factual support. It does not say officers may dispense with a warrant whenever one of the listed crimes is suspected. A warrantless entry still needs its own valid legal basis.

What Should I Do If Have Been Arrested After an Illegal Search and Seizure?

If you have been arrested and believe your Fourth Amendment rights have been violated, the team at Valiente Law can help. We will take the time to learn about the circumstances surrounding your arrest. Did the police have a warrant? Was the warrant properly prepared and executed? Did the police have probable cause to conduct a search without a warrant? Did the police trick or coerce you into consenting to the search?

Our experienced criminal defense attorneys are keenly aware that the search and seizure laws are complicated. We also recognize that the police must often act quickly in pressure-packed, dangerous situations in order to enforce the law and protect the public. This does not mean that they have a right to forcibly enter your home or violate your civil rights by conducting an illegal search and seizure. If the police have seized items illegally, we can file a motion to suppress the evidence. If the prosecution’s case relied substantially on the illegally seized material, the case against you may be dismissed. Guided by a belief that anyone accused of a crime is innocent until proven guilty, Valiente Law is the informed choice in search and seizure law.

Please contact our office today to set up a consultation.