Legal Question in Civil Rights Law in Florida
Illegal Search?
My wife started her car with the air conditioning turned on. After the car cooled for a while, she put my oldest son (2 yrs) in the car seat, and went back to grab sunglasses, and lock the front door to our apartment. My son climbed out of his car seat, got out of the car, and ran into our apartment. A local officer saw my son, and decided to follow him into the apartment. Upon entry to our apartment, he started looking around, and found a few pieces of paraphemilia. He then called more officers to the scene, as well as children's protective services. While we were made to wait outside, he got on my computer, and opened a pornographic picture of my wife, then left it on the screen with his fellow officers and him all looking at it. They searched our apartment while we were made to wait outside, then informed me that they had good reason to take me to jail but wouldn't. They took several pictures of my apartment as well. Was this a legal search? No one ever invited him into my apartment, nor did he ask. He says that since my child was outside unattended, that qualifies as a felony, and that gave him the right to search my apartment. Is this really true? Please help. Thank you.
2 Answers from Attorneys
Re: Illegal Search?
It sounds like a highly suspect search to me. Get local counsel skilled in government abuse (which it definitely sounds like to me).
Even if they though the child was in danger (wchih sound highly suspect), the fact that your wife was right there lessened any need for a search. Even if they saw drug paraphenalia, that dosn't give them the right to look in your computer.
Certainly they had no right to open up your computer without a warrant and take photos of your home.
Re: Illegal Search?
It sounds like a highly suspect search to me. Get local counsel skilled in government abuse (which it definitely sounds like to me).
Even if they though the child was in danger (wchih sound highly suspect), the fact that your wife was right there lessened any need for a search. Even if they saw drug paraphenalia, that doesn't give them the right to look in your computer.
Certainly they had no right to open up your computer without a warrant and take photos of your home.
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