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Orlando Criminal Attorney > Blog > Criminal Defense > Understanding Arrest And Search Warrants In Florida

Understanding Arrest And Search Warrants In Florida

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The Fourth Amendment to the U.S. Constitution protects all individuals in Florida from unlawful search and seizures. In most cases, law enforcement must obtain a warrant before they can search any part of a person’s property. There are some exceptions, such as when a person is pulled over for driving under the influence, but they are limited.

Police must also follow certain procedures before they arrest someone, such as obtaining a warrant and ensuring they have probable cause that the person committed a crime. Unfortunately, arrest and search warrants are highly misunderstood. If you have had a search or arrest warrant issued against you, below are some of the basics of these tools used by law enforcement.

When Search Warrants Can Be Issued Against You

Florida law allows law enforcement to obtain a search warrant for your property if they suspect any of the following:

  • There are embezzled or stolen items on your property
  • You are using your property to commit crimes, such as manufacturing drugs or gambling
  • Your property contains important evidence relating to a felonious offense

Even when the above factors are present, search warrants must contain certain information before they are considered valid. This information includes the probable cause the officer had that one of the above factors was present, and a description of the property to be searched. Search warrants must also be signed by a judge before they are considered legal. Search warrants must also be served and executed by the same law enforcement officer who obtained it.

When police officers do not follow the proper requirements, the search warrant is invalid. A criminal defense lawyer will raise that argument during your case and if successful, any evidence obtained as a result of an illegal search can be thrown out so it cannot be used against you.

Legal Requirements for Arrest Warrants in Florida

Police officers cannot arrest anyone for any reason. They must obtain an arrest warrant, and they must also have probable cause in order to secure the warrant. Probable cause is much more than just a hunch. For an officer to have probable cause, they must have reason to believe the person has committed a crime. Arrest warrants can be issued against you for other reasons as well, such as if you violate probation or miss a court appearance. Any time an arrest warrant is issued against you, it is critical that you speak to an Orlando criminal defense lawyer as soon as possible.

Call Our Criminal Defense Lawyers in Orlando Now

If you have had a search or arrest warrant issued against you, you need the help of an experienced Orlando criminal defense lawyer as soon as possible. At O’Mara Law Group, we know how to challenge the validity of searches to get evidence thrown out, and we will vigorously defend against any charges you are facing. Call us today at 407-634-6604 or contact us online to schedule a consultation and to learn more about how we can help.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

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