Ocala, FL asked in Criminal Law for Florida

Q: So I make an out of court admission then it falls in to hands of the police, am I protected by the constitution?

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2 Lawyer Answers
Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: There is not sufficient information to give you an answer...was statement made to law enforcement...were you in custody...was statement made voluntarily? There are many factors...

Terrence H Thorgaard agrees with this answer

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: Relevant evidence is generally admissible unless excluded by privilege, unfair prejudice or some statutory or constitutional protection. Your inquiry seems to admit that you made an admission. That seems pretty incriminating to the extent it may show your involvement with criminal activity. You need to confer with a lawyer, in a confidential situation, to determine if the police used an improper method to cause the admission to fall into their hands. The constitution may protect phone calls, cell phones, your home, personal effects and so forth. The police may have complied with constitutional requirements by obtaining the necessary wiretap or search warrants. Talk to your lawyer!

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