Whether you have been pulled over for a broken tail light or a police officer has entered your hotel room while you are here in Florida on vacation, the officers may have searched through your belongings. The one question on your mind if you face charges for substance possession, or any other criminal charges, as a result of their search is if it was illegally conducted.
As a criminal defense attorney in South Florida, we feel it’s important that searches that lead to charges are conducted legally. We have reviewed many cases for people in the Miami area where we have found that the manner in which the search was conducted is questionable and may have even been illegal. Whether or not your search was done illegally all comes down to the facts of the case.
Police in Florida can search your vehicle if you or someone in your car is being arrested and they have reason to believe a search “incident to the arrest” should be performed. If they feel there is evidence in the vehicle, hotel room, or even in your backpack, that can be tied to a crime then they have probable cause and will be able to conduct the search. They can also search your car if they feel they have probable cause, which is where it sometimes gets a little cloudy. If you feel your car or hotel room was searched without true probable cause, then you should consult with an attorney who can review the facts of the case.
Many people do not realize that if they get pulled over for a traffic offense and the officer asks if they can search the vehicle, they can refuse. Just because a police officer asks to search your vehicle does not mean you have to give permission to do so. The police officer can still search it if they feel they have probable cause or if they were to get a search warrant.
When it comes to illegal police searches in the Miami area and beyond, it’s best to have an experienced criminal defense attorney review the facts of your case. Only by reviewing the facts in detail can the attorney determine if an illegal search was conducted and help you with the proper course of action. If you are unsure if your search was conducted legally, don’t hesitate to get an expert legal opinion. You owe it to yourself to do so.
Contact us today if you need a criminal defense attorney in the Miami area!
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J.Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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