Can I Suppress Evidence Based on an Unlawful Search?

Can I Suppress Evidence Based on an Unlawful Search?

Evidence can be suppressed if the police searched you or an area under your control without a warrant; it is considered an unreasonable search and seizure under the Fourth Amendment to the United States Constitution to do so. An experienced attorney can identify the facts in your case and possibly suppress evidence brought against you by filing a motion to suppress based on the unlawful search. The suppression of evidence can result in the entire case being dismissed because the essential evidence that the State has against you cannot be admitted in court. If the police searched your home or your vehicle without a warrant and without your consent you need to contact an attorney about the possibility of filing a motion to suppress evidence. Every case is different but if the police do not have a warrant they are very limited to where they can search.

One example is if you consented to a search of your vehicle or home. This is often a highly contested situation where the consent may have been coerced or not voluntarily given. The other is when the police have probable cause to search your car because they believe it contains evidence of a crime for example: the odor of marijuana coming from your car.

You should contact an attorney because all too often the police disregard the Constitution and trample on a citizen’s right in order to obtain the evidence that they are looking for.

Written by

Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.

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