Legal Question in Criminal Law in Florida

Seizure Of Property By Police

Are the police allowed to enter my residence without my permission, search my property and seize items from my private residence without showing me any type of warrant? Also is it legal for the police to obtain a search warrant 2 days after they have already taken the property with the warrant saying they executed and seized the property 48 hours after everything actually happened.


Asked on 3/02/08, 11:35 am

1 Answer from Attorneys
Leland Garvin Garvin Law Firm

Re: Seizure Of Property By Police

As a general rule you need a warrant for any search that occurs without your consent. There are, however a few exceptions which the state must prove existed at the time of the search.

Also, the warrant must be obtained before the search occurs.

Based on the info you gave in your question; the evidence against you should be tossed out.

If you want to give me a little more info about what happened; I could give a much better answer.

Feel free to give me a ring.

888.524.2426

-Leland

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Answered on 3/02/08, 12:27 pm


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