Search Warrants: When Can an Officer Legally Search Your Property?

We’ve all seen it on crime shows. An officer goes to search someone’s home or vehicle, the suspects scoffs and says, “You can’t do that!” and then the officer  proudly flashes a warrant and proceeds with the search. Or, the officer wants to carry out a search, the suspect smugly says “Got a warrant?” and then the officer scowls, forced to walk away until he or she can return with that piece of paper. In reality, it’s not that cut-and-dried. While an officer is generally required to obtain a search warrant before he or she can search a suspect’s property, there a many exceptions to this rule. In order to properly protect your rights, it is important that you fully understand how search warrants work and what officers’ liberties and limitations are with these warrants.

First, let’s talk about what a search warrant is. When an officer has probable cause to believe that a suspect has engaged in criminal activity and that a search of that person’s property will produce evidence of that activity, the officer can seek a search warrant from the court. If the officer is able to convince the judge of the probable cause, the search warrant will be granted. The officer will have to limit his or her search to the location, date and time (or time range) that is listed on the warrant. For example, if the search warrant is for a suspect’s backyard, the officer cannot search the person’s home as well (unless one of the exceptions applies). The officer will also be limited to what he or she can search for. For instance, if the search warrant is for weapons, the officer cannot also start carrying out a drug search. The officer would only be able to lawfully seize illegal drugs if he or she found the drugs through the reasonable course of the weapons search, or if the drugs were out in the open.

Here are a few of the many exceptions that may allow an officer to search or seize your property without a search warrant:

• The contraband is in plain view from an area where the officer has a right to be (such as when a gun can be seen through a vehicle window, or when marijuana plants can be seen in a backyard from the street or alleyway, or from a helicopter flying above).
• The search is conducted in connection to an arrest.
• The officer needs to enter or search a property in an emergency situation, and public safety or the need to avoid the immediate loss of key evidence outweighs the absence of a search warrant in that moment (such as when an officer hears cries for help coming out of a home, or when the officer finds contraband while tending to an injured motorist).
• An officer lawfully stops a vehicle and there is probable cause that a vehicle contains contraband.
• The suspect willingly consents to the search (even if the officer doesn’t have a required search warrant).

If an officer carries out an illegal search or seizure of property, there is a good chance that the court will bar it from being used in court. This oftentimes leads to charges getting dismissed or greater likelihood of a “not guilty” verdict. If you have any reason to suspect that your Constitutional rights were violated in the search or seizure process, take action now by giving my firm a call! As a Miami DUI attorney who has more than 30 years of experience, I can provide you with excellent defense. I handle DUI cases, as well as other types of criminal cases. Contact Jonathan Blecher, P.A. and get high-quality defense!

How Can I Find Out if There Is a Warrant for My Arrest?

Are you worried that there is a warrant for your arrest? If there is, you are at great risk, as you can be picked up anywhere, anytime, and taken into custody. To find out if there is an outstanding arrest warrant, you can search the Miami-Dade police website.

Not everything is listed on this site. Most people worried about arrest warrants get help from an attorney who will find out if there is a warrant, and if so, take action to get it resolved before an arrest is made. A warrant could be issued for unpaid fines and tickets, a failure to appear in court when ordered, and probation violations, as well as for misdemeanor or felony crimes.

There can be some trouble finding a warrant that actually exists, as there are many ways there could be an error in spelling a name, and all data entered in a computer is done by human hands. You could search the site and believe there is no warrant, only to be picked up later. It isn't worth taking a chance.

If you are concerned and believe there could be a warrant for your arrest, you know there is some kind of situation that needs to be resolved. Make the choice to contact a lawyer to find out for you, and to take any defense action that could assist you to avoid an arrest and charge for a criminal offense. Early intervention by a lawyer could be what saves you from a very unpleasant and dangerous legal situation.

Click here to get help from a Miami lawyer from Jonathan Blecher, P.A.

The Need of Search Warrants for Blood Samples

It might seem as if the laws are stacked against drivers who might possibly be convicted with a DUI, but there's still hope for them thanks to the 4^th Amendment and its ban on unreasonable searches, especially in regards to blood tests for the purpose of obtaining a BAC reading.

Recently, the Supreme Court ruled against a prosecution's appeal to exempt the requirement of a search warrant in the case of an arresting officer and a DUI driver who would not consent to a blood test. While prosecution argued that the forcible nature of the blood test was necessary in getting dissipating evidence from the offender, justices were steadfast on the law that requires officers to obtain a warrant. And the fact that getting one by phone or computer was a viable option and can be done within a matter of minutes supported the case of the defense even more.

Advantages for DUI Drivers

The Fourth Amendment guards against unreasonable searches and seizures that would invade an individual's privacy and a search warrant along with probable cause is the only way to get around this ban. DUI drivers can utilize their rights according to this amendment when a blood test is being requested of them. If the police officer does not present a search warrant sanctioned by a judge, then they are not required to comply with having their blood drawn.

In addition, this also gives DUI drivers an advantage over any incriminating evidence that might be gathered against them. Even if somehow law enforcement was able to obtain blood sample from the offender and their blood alcohol levels are exceedingly above the limit, this evidence is inadmissible in a court hearing if a search warrant was never issued. This could also result in the case being dismissed.

If the arresting officer follows through with applying for a search warrant, the process can take several minutes or even hours. This allotted delay will give the driver more time for their BAL to dissipate which may or may not put them within the legal BAC limit.

Case by Case Contingency

While this can greatly affect the outcome of several cases in favor of the defense, not all DUI drivers will be able to benefit from the Fourth Amendment. Because according to the Supreme Court, warrantless blood draws can still be a possibility but only on a case by case basis and will rely hugely on the "totality of circumstances". So for now, the privacy of your blood is safe until a search warrant is present; unless of course you just happen to be one of the exceptions to the rule.

Have more questions about your DUI case? Call Attorney Jonathan Blecher, P.A. to discuss your situation during a free case evaluation. Attorney Blecher has been defending DUI cases in Miami for over three decades and has the knowledge you need on your side.

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.