Ask a Miami criminal defense attorney: Search warrants
If you’ve been accused of a crime in Florida, a Miami criminal defense attorney can prove to be an invaluable ally, one who will ensure your rights are protected throughout the legal process. If, for example, local authorities violate your civil liberties in the course of their investigation, your Miami criminal defense lawyer may use this misstep to undermine their case.
The fourth amendment protects citizens from unlawful search and seizure, meaning that local authorities are not legally allowed to search your person, home, vehicle or other property without establishing probable cause with a judge or magistrate. Upon doing so, they will be issued a search warrant giving them the legal right to search the area or person specified.
Your Miami criminal defense attorney can provide more extensive information about the scope of search warrants. The online legal resource Nolo.com further outlines the limitations of this document:
“The police can search only the place described in a warrant and usually can seize only the property that the warrant describes. The police cannot search a house if the warrant specifies the backyard, nor can they search for weapons if the warrant specifies marijuana plants.”
The source notes, however, that any “contraband” or incriminating evidence that is not related to the current investigation can be seized if law officials discover it over the course of their search. In addition, the Plain View Doctrine dictates that these officials can collect evidence located “in plain view” in areas where they are legally allowed to be.
In the process of putting together your case, your Miami criminal defense attorney will most likely seek to determine if any evidence held by the prosecution was secured through illegal means, which could make it inadmissible in court. If you face criminal charges and want a Miami criminal defense lawyer who will work around the clock on your behalf, contact Scott A. Ferris, Esq. at 305-670-3330 today.