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Florida Police With Search Warrant for House Could Not Also Search RV on the Property

In Florida and elsewhere, people have a constitutional right to privacy, and this protection is greatest in one’s home. As a result, the police generally cannot search a person’s residence without consent from someone with authorization or a valid search warrant. If the police do get a valid search warrant signed by a judge, that does not give them free rein to search anything and everything belonging to the suspect. The search is limited to what is reasonable and the area identified in the search warrant.

In a recent drug possession case south of Jacksonville, Florida, the police obtained evidence that the defendant had illegal drugs in his home. The police went to a judge and obtained a search warrant for the residence. The address of the residence was listed on the search warrant, and it was described as a single story residence. The search warrant authorized the police to search the residence, the curtilage of the residence (the area surrounding the home), any vehicles on the premises and any people at the premises. That is fairly common for search warrants. When the police arrived to the property, the saw an RV on the property and searched it. They found illegal drugs inside.

The criminal defense lawyer filed a motion to suppress the evidence found in the RV arguing that police did not have authority to search the RV based on a search warrant of the permanent residence that did not mention the RV. The state pointed out that a search warrant of a residence and its curtilage often allows police to search enclosed areas around the house, such as a shed or a vehicle on the property. However, search warrants are limited to the place described in the search warrant. Police officers are not authorized to search separate dwelling units on the property that are not listed in the search warrant. So, the question becomes whether the RV is apparently being used as a separate dwelling. The court looked at where it was located, who owned it, whether it was affixed to the ground, whether there was a utility hookup, whether it was occupied and other factors. If it was reasonable to believe the RV was being used as a separate residence, the police could not search it since it was not mentioned in the search warrant. However, if it appeared reasonable to believe the RV was being used as a vehicle and was on the property mentioned in the search warrant, then the police probably would have been authorized to search it. In this case, the evidence indicated the RV was a residence so the search was unlawful, and the evidence found in the RV was suppressed.