Legal Question in Criminal Law in Florida

Lame

I was pulled over for speeding. Then the officer ask if he can search my vehicle, but i refused. The officer then ordered me out of the vehicle and informed me that i was driving on a hardship license and that i was going to be arrested for driving outside of those restrictions, then after being arrested he search the vehicle and found maraijuana and a firearm. A week later, i found out that my hardship license expired 04/02/2008. That means that i had full driving privilages after 04/02/2008, so my license was not suspended . Is that illegal search and seziure. Everything they found in the vehicle should it be thrown out?


Asked on 6/17/08, 8:42 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Lame

As long as the officer acted in good faith the search is good. Besides your theory on the Driver's License doesn't sound correct. If your hardship expired, you would need to reinstate your regular license before you could say you were no longer suspended. So I thn your situation is more difficult than you suggest.

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Answered on 6/18/08, 11:32 am
Brent Rose The Orsini & Rose Law Firm

Re: Lame

As long as the officer was under the reasonable belief that you were violating the law, the search is good.

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Answered on 6/17/08, 10:35 pm


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