Stephen G. Cobb - Florida Criminal Defense Lawyer

Florida Legal Article: Destin Lawyers


Search warrants legally authorize police officers to conduct searches on your property, such as your car or home.  Judges require that the police demonstrate they have “probable cause” to believe the evidence they are seeking will be found in the place they wish to search, or they won’t grant the search warrant.  Destin lawyerscan provide excellent resources for knowing your legal rights should the police execute a search warrant on your property.

Police are occasionally allowed to make what is called a “protective sweep” after an arrest should they reasonably suspect that a dangerous accomplice could be hiding inside a residence.  While carrying out a protective sweep, police may walk through a residence and make a “cursory visual inspection” of places where an accomplice could be hiding.  Additionally, police can legally seize contraband or evidence of a crime while conducting a lawful protective sweep.  If you have questions regarding whether the police lawfully conducted a protective sweep, you can consult with Destin lawyers to find out.

Police are also allowed to conduct warrantless searches according to the emergency exception, which states that police do not have to wait for a warrant when taking the time to do so would jeopardize public safety or cause the loss or destruction of important evidence.  In emergency situations, the officer’s duty to protect people and preserve evidence is carries more weight than the search warrant requirement.  Of course, Destin lawyers are going to challenge this exception in court.

If a police officer announces an intention to enter a home or building and doesn’t produce a warrant, you should keep in mind that search warrants are not always legally required and that sometimes the police may have information you do not allowing him or her to make a warrantless search.  Do not risk injury or being arrested for “interfering with a police officer” by trying to physically bar the police officer from entry.  Instead, just stand aside after verbally making it clear you do not consent to the search, and later consult with one or more Destin lawyersto determine whether the officer’s actions were proper.

Police officers may search a car without a warrant if the car has been legally stopped and they have reasonable cause to believe there is contraband or evidence in the car, and all compartments and packages are fair game for being searched.  If they do find contraband or evidence, it will be admissible in court.  Destin lawyers can provide you legal advice specific to the facts of your case.

Stephen G. Cobb, Esq.

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