Asked in Civil Rights and Criminal Law for Florida

Q: My brother got picked up on a warrant in front my house.. my question is it legal for police to put him in a van and

Take him back to his Place and walk around and say they have cause for search warrant? And then search the property ??

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You did not indicate if the police actually obtained a search warrant to search his home. If they had no search warrant, a Court most likely would rule that the search was unlawful. If it was an unconstitutional search, any evidence seized during the search mostly likely would not be allowed into evidence, assuming the defense lawyer files an appropriate motion. If the government has no intention of submitting any evidence resulting from that search, the unlawfulness of the search would most likely have no relevance to the criminal case. An unlawful search could trigger a potential civil claim for money damages, but if that is the SOLE issue of police misconduct, causing zero damage other than the constitutional violation itself, the potential claim may or may not be worthwhile to pursue.

Regarding the act of placing him into a vehicle upon arrest and stopping at the house on the way to jail, and taking a look OUTSIDE the house, that is probably not unlawful.

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