Every Florida resident should understand the circumstances under which police can search their home. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures. However, there are specific situations where law enforcement may legally enter and search your home. In this article, we explain the law regarding when and how police can enter a Florida home.
The grounds for police to enter your home may be using a search warrant, consent, exigent circumstances, or hot pursuit.
Stechschulte Nell, Attorneys at Law in Tampa has extensive experience representing Florida residents charged with crimes following a police search of their home. Skilled criminal defense lawyers often file motions to suppress evidence when police exceed their authority during an entry into a home or other place where the owner or occupant has a reasonable expectation of privacy. Even when police find evidence of crime during a search, that evidence will be inadmissible in court if the police were not lawfully in the location where it was discovered.
If you are facing criminal charges in Florida, contact our office to discuss the facts of your case and learn what defenses may apply to your case.
The Fourth Amendment and Probable Cause
The Fourth Amendment ensures that citizens are protected from unreasonable searches and seizures by the government. It states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Probable cause is a crucial concept in this context. It refers to a reasonable belief, based on the totality of factual evidence, that a crime has been, is being, or will be committed. Probable cause is required for police or government law enforcement agents to obtain a search warrant or make an arrest. Without probable cause, any search or seizure is likely to be deemed unconstitutional.
Legal Grounds for Police to Enter Your Home
Search Warrants
A search warrant is a legal document authorized by a judge or magistrate that allows police to search a specific location for evidence of a crime. To obtain a search warrant, the police must demonstrate probable cause through sworn affidavits and evidence. The warrant must specify the place to be searched and the items to be seized. If police execute a search warrant at your home, they are generally required to knock, announce their presence, and provide you with a copy of the warrant. However, in many real-life situations, police are issued a “no-knock” warrant so they can forcefully enter the premises before evidence is destroyed or the occupants can arm themselves.
Read More > How to Obtain Your Search Warrant Affidavit
Consent
If you or another resident of your home voluntarily consent to a search, police do not need a warrant. However, if one resident consents to the search and another co-resident expressly objects to the search, then the search by police over the objection of one of the residents is deemed unreasonable.i Consent must be given freely and without coercion. It is important to note that you have the right to refuse a search request. If you do consent, you can also limit the scope of the search or revoke your consent at any time.
Exigent Circumstances
Exigent circumstances allow police to enter your home without a warrant if there is an immediate need to prevent physical harm. Examples of exigent circumstances include hearing gunshots or screams for help from inside the house, seeing a fire through a window, or seeing evidence of a crime being destroyed. The key factor is the urgency of the situation and the impracticability of obtaining a warrant under the circumstances. By the time a warrant is issued, a person in the house needing medical aid could be dead, the building could burn down, or another urgent situation would worsen.
Hot Pursuit
Police may enter your home without a warrant if they are in hot pursuit of a suspect who has committed a serious crime and seeks refuge inside. The principle of hot pursuit allows law enforcement to follow a fleeing suspect into a private residence to prevent their escape. The pursuit must be immediate and continuous from the scene of the crime to the suspect’s location. The hot pursuit theory will not permit police to enter a house because they believe a suspect took refuge inside an hour earlier. The U.S. Supreme Court has also ruled that not every hot pursuit justifies a warrantless police entry.ii
Motions to Suppress Evidence
In cases where police exceed their authority and conduct a search without legal grounds, skilled criminal defense lawyers will file motions to suppress evidence. A motion to suppress seeks to exclude evidence obtained through unconstitutional means, preventing it from being used against you in court. Here are some common grounds for filing a motion to suppress:
Lack of Probable Cause
If the search warrant was issued without probable cause, any evidence obtained may be suppressed. The criminal defense lawyers at Stechschulte Nell in Tampa will scrutinize the affidavits and evidence presented to the judge to determine if probable cause existed at the time the warrant was issued.
Invalid Warrant
A search warrant must be specific in describing the place to be searched and the items to be seized. If the warrant is impermissibly broad or lacks particularity, it could be deemed invalid. Another ground for invalidating a search warrant is if the warrant is not executed properly. An example could involve police failing to knock and announce their presence when required. If the defense could show evidence of the police’s failure to obey the knock-and-announce rule, the prosecution’s evidence may be subject to suppression.
Coerced Consent
If you or another resident were coerced or pressured into consenting to a search, the consent is not considered voluntary. Our attorneys always examine the circumstances under which consent was given to determine if it was truly voluntary or if coercion played a role.
Get Florida’s Experienced Criminal Defense Law Firm
Understanding your rights and the circumstances under which police can search your home in Florida is essential for protecting your privacy and ensuring that any search is conducted lawfully.
If police exceed their authority and conduct an unlawful search, Stechschulte Nell’s skilled criminal defense lawyers can file motions to suppress evidence, challenge the legality of the search, and seek to exclude improperly obtained evidence.
By understanding your rights and the legal grounds for searches, you can better protect yourself and your home from unconstitutional intrusions. Contact us for a case review today at 813-280-1244.
