Do The Police Need A Warrant To Arrest Me In Florida?

The police do not necessarily need a warrant to place you under arrest. If a police officer believes (or claims to believe) that there is probable cause that a crime is being committed, or has been committed, and that you are the suspect, you can be placed under arrest.

In a DUI arrest, the police believe, or claim to believe, that you were operating your vehicle in a manner that raised a reasonable suspicion that you were intoxicated.

The driving conduct could be:

·        speeding

·        wide turns

·        wrong way driving

·        other obvious failure to operate a vehicle safely

If you were pulled over due to a broken taillight or other similar violation, and when questioned, the police had a reasonable suspicion to believe you were driving drunk, you could be arrested. In most cases, you will be asked to perform field sobriety exercises prior to your arrest. Why? To establish a more solid basis for probable cause to arrest.

Probable cause reports are creative writing essays, with police claiming that a driver was "swerving within the lane," or had "bloodshot eyes" or "slurred speech." It is not illegal to swerve within your lane, if it doesn't endanger other drivers.

You may have had bloodshot eyes, but there are many reasons why a person may be having a reaction that causes red eyes, including hay fever and other allergies, crying or irritation or contact lenses. Older people get dry-eye syndrome. Slurred speech is another problem as there are as many ways of speaking as there are individuals, particularly in communities of diverse cultural backgrounds.

If you were arrested after being stopped by police, it may be that you are a victim of a rights violation. If so, the evidence obtained after an illegal stop may not be admitted in court, such as blood or breath testing evidence. Call my firm for more information about illegal police stops and arrests.

If The Police Have A Warrant To Search My House, Can They Look Anywhere?

When the police have a search warrant for your home, it may be limited. The warrant must describe exactly where they want to search, and what they are looking for, such as drugs, guns, stolen property or other item or evidence in a criminal case. The police then have the right to search anywhere in your home that the warrant permits them to look. The warrant could allow the police to search your entire house, or just certain areas. If the police arrive at your house with a search warrant, you need to read it, and call an attorney fast. If a case has progressed to the point where there is a search warrant, and the police are there to find evidence, you can expect to be arrested within a short period of time. You are obviously the target of a criminal investigation, whether you are innocent or guilty.

If the police come to your home with a search warrant, ask to see it, and read it so you know what they can or cannot do, and what areas they are permitted to search. The police can only search for the type of items that are related to the case. This limits some types of search activities. As an example, if they are looking for firearms, they can't look in your medicine cabinet – a gun just won't fit, and this would be overstepping the bounds.

One tip when dealing with police: be respectful, and don't argue. Read the warrant, understand it, and call an attorney. If you are argumentative or aggressive, you can find yourself in legal trouble that can cause you serious problems later. When you speak with a criminal attorney, and explain carefully everything that occurred, where the police searched, whether they took any items for evidence, and what the warrant said, your lawyer can inform you whether they violated your rights. It happens. If it happened to you, legal action must be filed about the rights violation. Some evidence may be deemed inadmissible if the police violated your rights, or searched beyond the scope of the warrant.

Contact Jonathan Blecher, P.A. in Miami for more information.