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Criminal Defense in Florida: Excluding Illegally Obtained Evidence


A police officer does not have to search your person, your vehicle, or your property. To conduct a lawful search, law enforcement officers need probable cause—which often requires a judicial warrant. You may want to ask: What happens if I am the subject of an illegal search in Florida? The short answer is that you may be able to get the unlawfully obtained evidence excluded from your case. Here, our Orlando criminal defense attorney highlights the key things you should know.

Background: Fourth Amendment Protects People Against Unreasonable Search and Seizure 

The Fourth Amendment enshrines one of the core principles of the American justice system: That every person shall be free from unreasonable searches and seizures. Law enforcement officers in Florida cannot conduct a search of a person, their vehicle, or their home without valid authority. They need to have probable cause. Police errors and police overreach can lead to significant violations of a person’s Fourth Amendment rights. It is not acceptable.

 You Have a Remedy Against an Illegal Search: Motion to Suppress 

What happens if your Fourth Amendment rights are violated? The short answer is that you have legal remedies available. That evidence may not be admissible in court. However, it is important to emphasize that just because you feel that evidence was unlawfully obtained does not mean that it will automatically be excluded from a trial. Quite the contrary, it is often up to the defendant and their Orlando criminal defense attorney to take proactive steps to get illegal evidence excluded.

One of the primary tools at their disposal is the Motion to Suppress Evidence. In effect, this is a type of legal motion that requests the court to exclude evidence that was obtained in violation of the defendant’s Fourth Amendment rights. If the court agrees with the defendant’s argument, the tainted evidence cannot be used against them at trial. An exclusion of evidence can have a profound impact on the outcome of a case. It could potentially lead to charges getting dropped outright.

A Florida Defense Attorney Can Help Protect Your Rights and Interests 

Navigating matters of criminal procedure are never easy. Unfortunately, you cannot rely on police and prosecutors to look out for your best interests. A skilled Florida defense attorney can review your case and ensure that your rights were properly protected. If you believe that you are being charged with a crime, at least in part, because of illegal evidence, a proactive approach is key.

Schedule a Confidential Consultation With Our Orlando Criminal Defense Lawyer Today

At Joshi Law Firm, PA, our Orlando criminal defense lawyer is standing by, ready to take proactive steps to protect your best interests. If you believe that you were subject to an illegal search and you have any questions about excluding that evidence from court, we are here as a resource. Contact us today for a fully private review of your legal case. From our Orlando office, we defend felony and misdemeanor criminal charges throughout Central Florida.

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