Inadmissibility Of Evidence In Florida Drug Cases

Florida prosecutes drug offenses very aggressively, viewing drug-related crimes as offenses against society. However, in their zeal, it is unfortunately not uncommon for state law enforcement to make mistakes in evidence collection, potentially both infringing upon your rights and jeopardizing their case. The right attorney can help protect your rights and call out any errors made by law enforcement.

Illegal Searches Yield Inadmissible Evidence

Both the U.S. Constitution and Florida’s state constitution preserve the right to be free from illegal searches and seizures. What this means to the average person is that in most – though not all – situations, law enforcement must have a warrant in order to search your home, vehicle, or your person. However, there are exceptions, most notably that a search of your person can be made without a warrant if it comes right after a lawful arrest.

Other exceptions include the consent of the person involved, the ‘plain view’ exception (in which law enforcement can collect any evidence of a crime they can see plainly, without having to search for it), and the ‘exigent circumstances’ rule, in which a place can be searched if evidence is about to be destroyed. That said, these exceptions apply in very specific situations, and sometimes law enforcement officers simply make mistakes about what they are and are not permitted to do.

Procedural Problems

Before an illegal search even occurs, other problems can arise that lead to evidence or testimony being inadmissible under Florida law. A common scenario is testimony being taken when the individual has not been properly read their Miranda rights; without these rights being made clear to the witness or suspect, testimony cannot be used in court. Another may be a defective warrant, lacking the probable cause required for the proposed search.

Regardless, if you have been charged with a drug offense, it is important for you and your attorney to be satisfied that your rights were not infringed upon by law enforcement. If they have, your attorney can move for the relevant evidence to be suppressed – and without certain pieces of evidence, the prosecution’s case may fall apart.

Contact A West Palm Beach Drug Offenses Attorney

If you have been charged with a Florida drug offense, it is crucial to seek legal help as soon as possible. A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can help answer your questions about the legal process – we are here to help. Call our office today at (561) 721-0552 to speak to an attorney.