Drug Crime Defense Lawyers Serving Clients in Tampa & Sarasota

Illegal Search & Seizure Attorneys

At Musca Law, our drug crime defense attorneys have seen many cases in Tampa and Sarasota where police officers and investigators perform illegal searches and seizures.  The U.S. constitution has laws that protect the rights of defendants who are under investigation for crime, including drug offenses.  Even if you are a criminal suspect, you still have rights and there is a constitutional amendment in place that makes it illegal for a police officer or investigator to search property without having the proper authorization to do so.  If your drug crime defense attorney can prove that illegal search or seizure took place on the part of a police officer or investigator, the illegally obtained evidence could be deemed invalid by court and will have to be thrown out.  Without this evidence, it may be difficult to prove that you committed the crime and your case will likely be dismissed as a result. 

Florida Search & Seizure Laws

The 14th Amendment to the U.S. Constitution protects individuals from unlawful search seizure, and this amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Under this law, police officers and investigators do not have an automatic right to search you or your home.  In order to legally conduct a search, they must obtain a court-issued warrant. Police officers also must have reasonable cause to search you or your property. Without a warrant and without reasonable cause, a police officer will not be able to conduct a lawful search. If an officer collects any evidence during a search, but does not have a valid search warrant, then all evidence that has been collected will be thrown out of court.

Contact a drug crime defense lawyer from Musca Law to find out if illegal search & seizure took place in your case!