Free palm beach county warrants search
One of our accomplished attorneys will speak with you about your case and offer advice. Our Constitution guarantees a reasonable expectation of privacy for American citizens. Police may not violate your privacy unless they suspect you have committed a crime, are currently committing a crime, or are going to commit a crime. In most cases, the police must obtain a warrant from a judge to perform a search. A warrant is not valid unless it was filed by a police officer acting in good faith.
The warrant must use reliable information to demonstrate sufficient probable cause to conduct a search. The magistrate issuing the warrant must be detached and neutral to avoid conflicts of interest. And, perhaps most importantly, the warrant must specify in detail where the police want to search and what they are searching for.
Probable cause is the reasonable basis for suspicion that a person has committed a crime. It cannot be based on a mere hunch or guess by the officer.
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Before conducting a search, arresting someone, or seizing property, police must establish probable cause. Probable cause exists to protect citizens from abuse of power by government and law enforcement officials. Without the probable cause requirement, police could legally arrest, search, and confiscate property from anyone without justification.
To make an arrest, an officer must have a reasonable basis to suspect that a crime has been committed. When submitting an affidavit to obtain a search warrant from a magistrate, an officer must explain what criminal evidence they expect to find at a specified location. There are some instances where a search warrant is not needed to execute a search.
Police may conduct a warrantless search in any of the following situations:. It may be possible to get your charges dismissed. Law enforcement officials do not have an inherent right to freely search you or your property. If a cop searches you or takes your property without probable cause or a valid search warrant, they are committing unreasonable search and seizure.
An experienced criminal defense attorney can review the circumstances of your arrest to identify any procedural errors committed by the police while executing a search. The State of Our Trash in Florida Florida Bar Journal — This article published by the Florida Bar discusses the legality of using evidence discarded in a trash can to obtain a search warrant.
Visit this page to read about who owns trash when it is placed out for pickup and the limits to what the police can do with your garbage. This short guide published by the ACLU contains a list of common questions regarding when an officer may search you or your property.beygarposo.tk
Florida State Records
Visit this page to learn how to handle an officer who shows up at your residence asking to search it. What is probable cause? Flex Your Rights — The Flex Your Rights nonprofit organization aims to educate citizens of their rights during encounters with law enforcement. This website offers an informative summary of probable cause.
Contact a knowledgeable criminal defense attorney.
You can reach one of our representatives 24 hours a day, 7 days a week. Individuals here are reported to the Florida Department of Law Enforcement by law enforcement agencies and municipalities throughout the state and are authorized for release to the public. FDLE, Sheriff departments, and reporting agencies strongly advise that no citizen take any individual action based on this information.
This information is not to be used as a confirmation that any warrant is active, or as probable cause for an arrest. Information contained herein should not be relied upon for any type of legal action due to the imperfections that come along with maintenance of databases.
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FDLE cannot guarantee that this information is current, active, or wholly complete.