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Understanding Search & Seizure

Florida Search and Seizure Laws

What is an Unreasonable Search and Seizure?

An unreasonable search and seizure occurs when law enforcement conducts a search and collects evidence without probable cause or a valid search warrant. Probable cause is established when law enforcement has a sufficient reason, more than just a suspicion or a "hunch," that a crime is presently being committed or that someone is in real danger of injury or death. Accordingly, any evidence obtained in an unlawful search and seizure should be excluded so it is not used as direct evidence against a defendant in court.

When you talk about drug crimes, it is important to understand your Constitutional rights regarding search and seizures. Under the Fourth Amendment to the U.S. Constitution, Americans are protected against unreasonable search and seizures by law enforcement.

This is particularly applicable in drug cases, as the drug evidence itself plays the most important role in the prosecution's case against you. For example, it would be difficult to face drug possession charges if no marijuana or cocaine was found in your possession.

If law enforcement does not have a warrant or probable cause and conducts a search anyway, an experienced attorney may be able to use this as grounds to file a motion to suppress the evidence discovered and seized in that search.

Suppressing Drug Evidence in Miami

It is your Constitutional right that evidence obtained by way of an unreasonable search and seizure, as well as any information or other evidence that was discovered as a result of that initial evidence, should not be used as direct evidence against you in criminal court. The same principle applies to a confession or information given to law enforcement in an illegal interrogation.

If you would like to learn more about how your Miami, Florida drug case may be positively impacted by your attorney's skill in dealing with unreasonable search and seizures, please take a moment to contact the Law Office of Michael Mirer, P.A.

Your initial consultation with our Miami criminal defense lawyer is free, and this will be a valuable opportunity for you to get the legal help you need.

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See What Sets Attorney Michael Mirer Apart
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  • Handled Over 100 Courtroom Trials

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