Palmetto, FL asked in Criminal Law for Florida

Q: Can the police enter a home without hand delivered a search warrant ?

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: In Florida police cannot generally enter a home uninvited and without an exigent circumstance. First, the complaining person has to be living at the “home” to have standing to complain. Next, the police entries divide into those with search warrants and those without. Police with a warrant get to enter, forcibly if necessary, to search for the items specified. Without a search warrant police must point to an exigent circumstance like dead bodies, fire, ongoing serious crime, hot pursuit etc. Police can also enter without a search warrant to serve a felony arrest warrant . All this is exceedingly complex. State and federal procedures differ. Consult an experienced lawyer!

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