Police noticed a maroon Lexus with its radio blaring while it was cruising down the highway. The vehicle was traveling at an excessive speed and the police initiated a traffic stop. The Officer issued a traffic citation for Violation of a Traffic Control Device and asked the Defendant for consent to a search of his vehicle. The search revealed small amounts of marijuana on the floor of the vehicle and a small white pill under the driver’s seat. The Defendant had in his possession three bottles of prescription pills that he handed over to the Officer. One of the bottles contained two types of pills inside and the Defendant stated that some of the pills were Valium and he did not have the prescription bottle for them. The Officer placed the Defendant under arrest for Felony Possession of a Controlled Substance.
Warrantless Search and Seizure
If an individual is pulled over in Florida and police officers search a vehicle, the prosecution will have the burden of proving that a search and seizure was reasonable. There are common exceptions to this:
- The police officer asked to search the car. If consent is given, a warrant is not needed.
- The items a person is being charged with, such as marijuana or a prescription, are in plain view. If the officer sees such items and believes that they should be seized, a warrantless search can be conducted.
- If the suspect is already in custody, a warrantless search and seizure on themselves can be conducted to make sure they do not have any weapons on them.
- If a person is arrested and police believe there is more evidence in the car, they may perform a vehicle search.
- If there are urgent circumstances that require a search, a warrantless search and seizure can be performed.
If a piece of information or evidence is obtained illegally, it will not be allowed to be used in court. If an attorney desires to have information suppressed or removed, they will file a motion to suppress the request that the judge does not allow illegally obtained evidence to be used in the trial. The prosecution will need to prove that there was probable cause to obtain this information in order for it to be used in court.
Musca Law Firm
Musca Law Firm has attorneys that are dedicated to helping those who are in need of a criminal defense. We service all of Florida with offices located in various cities. Our firm accepts phone calls 24 hours a day, 7 days a week. We offer extended night and weekend hours for your convenience.
Please call us at (888) 484-5057 for a free, no-obligation initial consultation with one of our highly-experienced lawyers. We look forward to serving you!
RESULT: Musca Law Defense Attorney filed a Motion to Suppress Evidence based on a warrantless search and seizure. The Attorney effectively challenged whether or not a law enforcement officer had probable cause, resulting in NO CONVICTION on the charge of Felony Possession!