Fort Lauderdale, FL asked in Criminal Law for Florida

Q: House raided warrent provided after wards no rights being read if stuff takin out of house is that still good evidence

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1 Lawyer Answer
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: This is a two part question; 1. Do the police need to present the warrant prior to entering the property ? and 2. Does lack of Miranda warning invalidate evidence? 1. The police do not have to present the warrant prior to entering the house. However, the warrant does need to be issued by the judge prior to the search. If not, the evidence collected can be suppressed. There are several exceptions where a warrant is not needed to search a home, but, your fact pattern says one was issued. 2. The lack of a Miranda warning does not make physical evidence inadmissible, Miranda only applies to verbal statements (and the fruit of the poisonous tree). If you have not been read your Miranda warning, it is the burden of the police to show that any statements made afterwords were not coerced. If you were read Miranda, it is your burden to prove police coercion.

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