Melbourne, FL asked in Criminal Law and Traffic Tickets for Florida

Q: What do I do if the police search my car without permission for a simple improper lane change

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
  • Orlando, FL
  • Licensed in Florida

A: Under Terry v Ohio, a police officer is permitted to do a reasonable search for weapons for his protection where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The scope of this search involves all spaces where a suspect can obtain a weapon in his immediate vicinity.

Jonathan Blecher
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Police misconduct in search and seizure is still around - despite the Exclusionary Rule and thousands of cases trying to rein in police overzealous behavior. If you were arrested as a result of evidence found during an illegal search, your lawyer can try to exclude the seized evidence from court proceedings. If you weren't arrested, your remedy is to file a complaint with the police agency.

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