Can I Get Arrested For Drugs Without A Warrant?
Florida’s law enforcement plays a front-line role in the state’s aggressive prosecution of drug offenders in many different ways. One of the most common is making arrests in accordance with state law – often, after obtaining a search warrant for their home, vehicle, or even their person, and finding controlled substances. However, what the average person may be unaware of is that there are certain exceptions that allow police to make arrests without a warrant being required.
Two Common Scenarios
There are two major situations in which law enforcement officials (LEOs) can make arrests without a search warrant. The first is when the LEO observes all of the elements of the offense personally, which means that essentially, a person commits a misdemeanor or felony in front of a police officer. As one might imagine, if all the elements of a crime are present, it is grounds for arrest, and the officer can testify or give a statement about what they have seen.
The second situation in which a warrant is not necessary is during what is known as a Terry stop. A Terry stop, named after the U.S. Supreme Court case Terry v. Ohio (1968), holds that if a “reasonably prudent” LEO has a good-faith belief that their safety (or that of others) is endangered, they can conduct a “reasonable” search for weapons on that person. A later case allowed police to seize contraband found during a Terry stop as long as the search was still ‘reasonable.’ Thus, if someone in Florida searches you in this type of stop-and-frisk situation, and they find drugs, they may arrest you for possessing them.
Was The Arrest Illegal?
If you have been arrested pursuant to a stop that you believe was illegal, it is important to know what aspect of the arrest could be seen as improper – for example, the Terry stop in your case might have been constitutional, but if the police officer pressed their search too aggressively, the search itself might breach the Fourth Amendment to the Constitution against unlawful search and seizure. This is one of the reasons that having an attorney is so important – someone with experience will know how best to attack the chain of custody.
It may not seem like much to do, simply because attacking the arrest will not necessarily make your legal woes disappear – but under a doctrine known as the ‘fruit of the poisonous tree,’ any evidence collected under the color of an unlawful arrest is inadmissible. Without enough evidence to make their case, your attorney will have a greater chance to create reasonable doubt.
Contact A West Palm Beach Drug Crimes Attorney
Drug crimes are taken extremely seriously in Florida, and if you have been arrested and charged with one without a warrant, it is important to have a West Palm Beach drug crimes attorney on your side to ensure that all procedures have been followed properly. The firm of Perlet & Shiner, P.A. have handled many of these cases – call our office today to speak to an attorney about yours.
Source:
supreme.justia.com/cases/federal/us/392/1/
