Legal Question in Constitutional Law in Florida

Search of household by police when called in for an emergency

A 911 call was placed to get someone into our house to assist my spouse. While the EMT team was doing their job a couple accompanying police officers check through our closet and medicine cabinet. They were called with a possible overdose. Is this legal?


Asked on 1/11/05, 12:55 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Search of household by police when called in for an emergency

It seems the police were trying to help the EMTs save your spouse by trying to find out what s/he had taken and what prescriptions s/he might have been taking. Police are allowed to do such things without a warrant in emergencies; many people in such situations would die if police had to wait for a warrant before they could act.

The officers only had the right to search where they reasonably might find something useful for the EMTs who were treating your spouse. They could not expand this search to look for evidence of some other activity. However, if they happened to find such evidence while conducting a proper search, they would not be required to ignore it.

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Answered on 1/11/05, 3:40 pm


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