Police officers help enforce the law by investigating crimes, intervening in criminal activity as it occurs and taking people into state custody as necessary. The Fourth Amendment to the Constitution, however, protects people from unlawful searches and seizures, and Florida state statutes help reinforce those rights.
Occasionally, despite the systems in place for the protection of individuals, law enforcement professionals conduct unlawful searches of a suspect’s property or body. What do criminal defendants need to know about unlawful searches and their rights?
The law limits different types of searches
The strongest legal justification for a search is a warrant. Law enforcement professionals must present compelling evidence to a judge to secure a warrant. Search warrants authorize the search of a specific location or possibly a vehicle to look for evidence of a particular criminal offense. Police officers generally need to ensure that the warrant they have is accurate and signed — and that their searches do not exceed the scope of the warrant.
Without a warrant, police officers may rely on “probable cause” to justify a search. Probable cause, to be clear, is not a mere hunch or suspicion. It is an articulable belief that a specific crime has occurred. For example, the smell of burning drugs during a traffic stop could give a police officer the probable cause they legally require to search the vehicle for contraband without a warrant.
In cases involving a pat-down search of a person in a public location, the standard is even higher. Simple suspicion of a drug offense isn’t an adequate reason to search a person’s body for drugs. Officers typically can only frisk or pat down a suspect when they have a credible suspicion that the individual possesses a dangerous weapon.
What happens after an illegal search?
Florida state law specifically extends the right to suppress evidence in cases where unlawful searches occurred. State statutes permitting a motion to suppress evidence reinforce the federal exclusionary rule. Under the exclusionary rule, lawyers can challenge the use of evidence obtained through an unlawful search.
Generally speaking, people who believe a search is unlawful should not fight police officers to try to stop or prevent the search. Instead, they should make use of their right to legal representation as soon as possible during the search or after their arrest.
They can then discuss the situation with a lawyer, who can help document the situation and validate if an actual violation of their rights occurred. The suppression of unlawful evidence can sometimes lead to prosecutors dismissing pending criminal charges. Other times, suppressing evidence can strengthen the defense strategy and reduce the risk of a conviction.
Talking about questionable police conduct, such as a search without a warrant, with a criminal defense attorney can be a key component of a successful defense strategy. Individuals who experience violations of their rights can potentially assert their rights after the fact by working with a lawyer.