Can Evidence Be Thrown Out in a Florida Human Trafficking Case?

When someone is charged with a human trafficking offense in Florida, the evidence is often the heart of the prosecution’s case. Text messages, phone data, surveillance video, and witness statements can all carry heavy weight. That leads many people to ask whether evidence can be thrown out in a Florida human trafficking case.

The short answer is that it can, if police violated the person’s constitutional rights while collecting it. A motion to suppress can ask a judge to keep unlawfully obtained evidence away from the jury, and a successful motion can weaken the prosecution’s case or even end it. Here is how that process works and what it means for anyone facing trafficking charges in Florida.

How Does a Judge Decide to Exclude Evidence?

Under the exclusionary rule, evidence obtained through an unconstitutional search or seizure generally cannot be used against the person charged. In such a case, your lawyer can ask for relief through a motion to suppress. The judge will hold a hearing, listen to the officers, and rule on whether the search was lawful. If the motion is granted, the evidence, and sometimes anything found because of it, is thrown out.

Which Evidence Is Most Often Challenged?

Most trafficking cases lean on what police pull from a phone, such as texts, online ads, photos, and hotel receipts. That’s why Riley v. California matters so much in these cases. In that ruling, the Supreme Court held that officers generally need a warrant to search a phone after an arrest, so a search without one can be challenged, and so can a search under a warrant that goes beyond what it should cover.

Statements also get challenged a lot. A confession given without proper Miranda warnings or under pressure may be thrown out of court.

Has This Worked in a Florida Case?

Yes, it has. Robert Kraft was one of at least 25 people arrested in what police called a human trafficking investigation, though he faced only misdemeanor solicitation counts. A Florida appeals court ruled that Jupiter police violated his rights by secretly installing cameras in the spa’s massage rooms, and it barred the footage from trial.

Prosecutors chose not to appeal, saying they could not proceed without the video, and dropped the cases against all the defendants.

Are There Limits to Suppression?

Yes. Judges may still allow evidence if officers relied in good faith on a warrant later found flawed, if the evidence would have turned up anyway, or if it came from an independent source. A person also needs a personal privacy interest in the place or item that was searched.

What Should You Do if Your Rights May Have Been Violated?

Here are some crucial steps if you’re being investigated for human trafficking and believe your rights may have been violated:

• Do not consent to a search of your phone, car, or home.
• Do not answer questions without a lawyer present.
• Write down how the arrest or search happened and share it with your attorney.

A trafficking charge does not automatically mean the evidence against you is solid and will be used. A careful review of how police collected can reveal problems worth raising in court.

Contact Us for Legal Help

If you’re facing human trafficking allegations in Florida, our experienced Orlando criminal lawyers at Joshi Law Firm, PA can review how the evidence was gathered and challenge it where the law allows. Contact us today to discuss your case.

Source:

harvardlawreview.org/print/vol-128/riley-v-california/