Search and Seizure

Florida Man’s Detained After Driving to House Being Searched for Drugs

Published on: October 26, 2015 | by Lasnetski Gihon Law

In Florida, the police generally cannot search a person’s vehicle without consent, a search warrant or specific indications of illegal activity occurring within the vehicle. However, police can often come up with certain observations that allow them to search a person’s vehicle under certain circumstances.

In a recent case near Jacksonville, Florida, the police were executing a search warrant at the home of a suspected marijuana dealer. During the search, the suspect drove up to the house for a visit. He did not live there and had no apparent connection to the house. A police officer approached the suspect and started asking him questions about whether he had any weapons or drugs. The suspect did not answer so the police officer told him to get out of the vehicle. After some more questions, the suspect admitted to having some Oxycodone pills without a prescription, and his car was searched. He was then arrested for possession of pills without a prescription.

A police officer is free to ask anyone questions in that situation, but once the police officer tells the suspect to exit his vehicle, the encounter becomes a detention. The police officer is only justified to tell the suspect to exit the vehicle if there is some indication of illegal activity or there is a risk to the officer’s safety. In this case, the police officer relied on the officer safety risk angle. After the criminal defense lawyer filed a motion to suppress the evidence of the drugs found in the car, he testified that the suspect was acting nervously, was not properly answering his questions and was hiding his hands. Based on that, he detained the suspect because he was worried about his safety. The court agreed and justified the search.

Police in Florida Generally Need a Search Warrant to Obtain Real Time Cell Phone Information

Published on: June 3, 2015 | by Lasnetski Gihon Law

Most people are aware that cell phones have GPS data that allows a cell phone provider to track and determine the location of the cell phone. This can be valuable information to police officers who are looking for a cell phone, or a suspect, at any given time. Do police officers need to get a search warrant to be permitted to obtain this GPS information from the cell phone provider?

In a recent case near Jacksonville, Florida, a drug deal went bad, and a shooting occurred. The victim contacted police and told them the suspect fled with a cell phone. The police officers contacted the provider for the cell phone and filled out a form claiming it was an emergency and they needed the real time location data for the cell phone. The police did not get a search warrant for the cell phone provider; they merely filled out the form requesting the information. The cell phone provider complied, and the police found the suspect within a couple of hours. When the police found the suspect, they also found the gun used in the shooting, and the suspect was arrested for murder, drug crimes and gun crimes.

The criminal defense lawyer filed a motion to suppress the seizure of the gun arguing that the police illegally searched the cell phone information which led to the suspect which led to the gun. The court agreed. A person does have a reasonable expectation of privacy in his/her real time cell phone information. As a result, the police need probable cause and generally need a search warrant to obtain this information. Because they did not get a search warrant here and relied on a form that is not approved and signed by a judge, the search was considered illegal.

Police in Florida Cannot Enter Secured Property for Investigation Based on Anonymous Drug Tip

Published on: May 30, 2015 | by Lasnetski Gihon Law

The right to privacy in one’s home and on one’s property is one of the strongest rights in the Constitution. The police are not allowed to come into one’s home and search or ask questions without consent from the resident or a valid search warrant. The fact that the police in Florida have an anonymous tip that a resident is growing marijuana plants or engaged in any other illegal activity does not change that.

However, if the police do get an anonymous tip of illegal activity and it is not sufficient for a search warrant, the police can normally walk up to the suspect’s front door, knock and see if the occupant(s) will answer questions or let the police in to investigate. In this way, the police are entitled to the same access as any of member of the public who can walk up to a person’s door and knock.

One exception is if the front door is not easily accessible. For instance, if there is a fence surrounding the property or the home is otherwise enclosed or secluded in such a way that it is apparent that the occupant(s) does not want people to be able to freely walk up to the door, the police cannot go through a fence or intrude onto the property without consent or a search warrant.

You Can Be Pulled Over If You Have a Trailer Hitch or Anything Else Obstructing Your License Plate in Florida

Published on: May 27, 2015 | by Lasnetski Gihon Law

A lot of serious criminal arrests are the result of simple, seemingly harmless traffic stops. Many drug cases and gun cases originate from simple traffic violations that lead to traffic stops that lead to criminal investigations and searches and seizures. Of course, most DUI arrests are also the result of simple traffic stops.

In a case near Jacksonville, Florida, the defendant was driving a vehicle with a trailer hitch. A police officer driving 25 feet behind him noted that he could not read the defendant’s complete license tag due to it being partially blocked by the trailer hitch. For that reason, the police officer pulled the defendant over. After some investigation and a search of his vehicle, the police officer arrested the defendant for possession of marijuana and possession of cocaine.

The criminal defense lawyer filed a motion to suppress the evidence of the marijuana and cocaine alleging that the police officer did not have a legal basis to stop the defendant based on a partially obscured tag caused by a trailer hitch. Florida law provides that all vehicles must be properly licensed and all of the letters and numbers on the license tag must be clear and free from any obscuring matter so they can be plainly visible and legible at least 100 feet from the vehicle. The criminal defense attorney pointed to a prior case which interpreted this law to mean that the license plate itself cannot have anything on it that would obscure the letters or numbers. Therefore, a trailer hitch, which is not actually on the license plate, would not violate this law. However, the court in this case, which has precedence over Jacksonville, Florida, held that the intent of the law is that the license tag must be clearly visible from at least 100 feet away. If something is blocking it, either on the actual license plate or external to the license plate, the law is being violated. As a result, the court found that the initial stop was valid due to a partially obscured license plate, whatever the reason for the obscurity may have been.

Assumptions and Police Officer’s Super Human Eyesight Are not Sufficient for a Search and Seizure in Florida

Published on: May 10, 2015 | by Lasnetski Gihon Law

In Florida, the police are not allowed to stop a person for a drug or other criminal investigation without reasonable suspicion that the person is engaging, just engaged or is about to engage in criminal activity. This reasonable suspicion standard requires more than just assumptions. There must be some specific evidence that reasonably leads a police officer to believe there is criminal activity afoot.

In a recent case south of Jacksonville, Florida, the police officer was at a gas station in the evening as it was getting dark and observed the suspect enter into a hand to hand transaction with another person in the parking lot. The police officer was about 30 feet away, but he said he could see the suspect give the other person a rolled up baggie. The police officer assumed it was marijuana based on the neighborhood and the nature and short duration of the transaction. As a result, the police officer stopped the suspect, searched him and found marijuana in his pocket. He was arrested for possession of marijuana.

The criminal defense attorney filed a motion to suppress the marijuana evidence arguing that the police officer did not have a reasonable basis to stop the defendant. The judge agreed. While the police officer was correct that the transaction did involve marijuana, learning this after the fact cannot be a basis for a prior search. The police officer must be able to point to specific facts indicating criminal activity before he/she stops a suspect. In this case, the police officer was too far away to see or smell marijuana. He was just relying on assumptions based on limited information. Short, hand to hand transactions in questionable neighborhoods may mean drug deals, but they also might mean something else. That alone is not sufficient to permit a search and seizure. Because the police officer did not rely on sufficient facts indicating criminal activity, the stop was unlawful, and the resulting search was unlawful. As a result, the marijuana charge was thrown out.

People on Probation in Florida May Have Reduced Constitution Rights Regarding Searches and Seizures

Published on: May 7, 2015 | by Lasnetski Gihon Law

Most people in Florida enjoy the Constitutional protections that prevent the police from searching a person’s home, vehicle or other belongings without probable cause, a search warrant and/or consent. In other words, police cannot just go and enter a person’s home or search something that belongs to a person without respecting certain Constitutional safeguards, which generally require a search warrant or an agreement from the owner of what is being searched.

However, people on probation in Florida do not necessarily get the full protection of these Constitutional provisions. When a defendant pleads guilty or no contest to a criminal charge or is found guilty after a trial, the judge will sentence the defendant. That sentence often includes probation, either by itself or after a term of incarceration. When a defendant goes on probation, there are certain conditions that must be followed. There may be specific conditions in certain cases, such as paying a certain amount for restitution in a fraud case, and general conditions that apply to most or all cases. One of the general conditions of probation that is often ordered in Florida is one that allows a probation officer to enter the probationer’s home to search it for drugs, weapons or other indicia of criminal activity. While a probation officer or law enforcement officer would not normally be allowed to enter a person’s home and look around without a search warrant or permission in advance, a person on probation does not have that same protection if a random search was included as a condition of probation. If the probation officer randomly searches a probationer’s home and finds anything illegal, that probationer could face new charges and a violation of probation charge without being able to successfully challenge the search and get the evidence thrown out.

In a recent case near Jacksonville, Florida, a defendant was sentenced to probation after being convicted of a violent crime. A general condition of probation allowed the probation officer to enter his home any time to search it. These general conditions of probation are often not disclosed to the defendant in court during the sentencing hearing. A defendant may have to carefully read his/her sentencing paperwork to see that the condition exists. Many do not bother to do that.

Be Careful in Florida Driving Someone Else’s Vehicle if That Person Might Have a Legal Problem

Published on: March 19, 2015 | by Lasnetski Gihon Law

In Florida, a lot of criminal cases are initiated based on fairly routine traffic stops. What might start out as a speeding or red light violation can easily turn into a DUI, felony drug or driving with a suspended license arrest. Additionally, a lot of arrest warrants are served based on traffic stops.

Police officers have a lot of leeway to make traffic stops. If a police officer says a driver violated a traffic law, he/she will be able to pull that driver over, and any attempt to contest it will be a difficult credibility contest between the suspect and the police officer. A police officer in Florida can also use the information he/she obtains from the computer when running a license tag to make a traffic stop. For instance, police officers will often run tags on their computer to determine if the registered owner of the vehicle has a suspended license or outstanding arrest warrant. A police officer can stop a driver if the officer runs the tag to the vehicle in the computer and learns that the owner of the vehicle has a suspended license or outstanding warrant. This is so even though we all know a vehicle owner is not necessarily the current driver.

In a recent case near Jacksonville, Florida, a police officer ran a tag and learned that the owner of a vehicle had a suspended license. The officer conducted a traffic stop and asked for the driver’s license. The driver was not the owner of the vehicle, but he also had his driving privileges suspended. He was arrested for driving with a suspended license.

Florida Police Officer Was Justified in Stopping Vehicle Where Window Tint Was Too Dark to See Driver

Published on: February 26, 2015 | by Lasnetski Gihon Law

In Florida, a police officer can stop a vehicle if the vehicle’s window tinting is too dark. The Florida statute provides that the side windows on a vehicle must have a light transmittance of at least 28% in the visible light range. This can be measured by certain devices after the initial stop is made. Of course, the initial issue is whether a police officer is permitted to stop a vehicle based on his/her opinion that the window tinting is too dark and illegal. A person cannot usually make that determination for certain based on looking at it from another vehicle.

A police officer is allowed to stop a vehicle if he/she has probable cause to believe a crime is being committed or a traffic law is being violated. In a recent case near Jacksonville, Florida, a police officer stopped a vehicle during the day because he could not see the driver through the side window due to the window tinting. He stopped the driver and found marijuana and cocaine inside. The driver was arrested for possession of marijuana and cocaine. The criminal defense lawyer filed a motion to suppress claiming that the police officer did not have a legal basis to make the initial traffic stop. The police officer testified that he pulls drivers over if the window tinting is too dark for him to see the driver. The court allowed this. Since the police officer has no way of determining for certain if window tinting is too dark as the vehicles are driving, if the police officer can establish in good faith that he had probable cause to believe it was too dark, it was a valid stop. The court found that the testimony that the police officer could not see the driver in the daylight was sufficient to establish a good faith basis that the window tinting was not legal.

Florida Drug Case Thrown Out Where Police Stop Suspect for Driving Too Slowly on Highway

Published on: December 11, 2014 | by Lasnetski Gihon Law

In Florida, a lot of drug arrests stem from simple traffic stops. One way for a criminal defense attorney to attack such a case would be to challenge the legality of the initial stop. While this may be difficult when a police officer is prepared to testify that the suspect violated some traffic law, sometimes police officers make mistakes when they pull people over.

In a recent case near Jacksonville, Florida, a police officer stopped a suspect driving on the highway for apparently driving too slowly. The speed limit on the highway was 65 miles per hour, and the suspect was driving 45 miles per hour. The minimum speed was 40 miles per hour. After the police officer stopped the suspect. The police officer discovered that the suspect had a suspended license and arrested the suspect. The police officer also found a gun and cocaine in the car. The suspect ended up with felony and misdemeanor charges as a result of the traffic stop.

The criminal defense lawyer filed a motion to suppress all of the evidence leading to all of the charges because the initial stop was not valid. The suspect was not breaking any traffic laws so that would not be a legitimate basis to stop him. However, a traffic violation is not the sole legal basis for a police traffic stop. A police officer could arguably stop a driver if there was a reasonable belief that the driver was having some sort of medical problem. Police are allowed to stop a person and investigate if there is specific evidence of some kind of serious health issue. Alternatively, if the suspect was causing some type of traffic problem, that could be a legal reason to conduct a traffic stop.

Florida Police Try to Use “High Crime Area” to Justify Search

Published on: November 29, 2014 | by Lasnetski Gihon Law

The constitution protects people in Florida and other states from unreasonable searches and seizures. That means the police cannot come up to a person and make demands, or search them, without specific evidence that the person is engaged in criminal activity or has evidence of criminal activity. The police often try to use the phrase “high crime area” to justify questionable searches that certainly would not be permissible in other areas. Granted, there are high crime areas in the Jacksonville, Florida area and throughout Florida, but the police cannot rely on that vague phrase alone to justify a search. The police need specific indications of criminal activity.

In a recent case near Jacksonville, Florida, the police were patrolling a “high crime area” and saw a man standing in a driveway with his hands in his pockets. The police approached him and demanded that he remove his hands from his pockets. The man refused. The police then asked the man if they could search him, and he refused that as well. The police then patted him down, felt what they believed to be cocaine in his pocket, removed the item which was a bag of cocaine and arrested him for possession of cocaine.

The criminal defense lawyer filed a motion to suppress the evidence of the cocaine based on the illegality of the search. Being in a high crime area is not a basis for a search. In this case, assuming the suspect was in a high crime area, he was doing nothing else to indicate he was involved in criminal activity. When the police came up to him and demanded that he take his hands from his pockets, that becomes a seizure. In order for that to be valid, the police must have some specific evidence of criminal activity. The police can, at times, pat someone down if they believe the person may be armed and there is a police safety issues. But again, they can’t just pat anyone down in a “high crime area”. They still need something specific to indicate there is a danger.