Legal Question in Constitutional Law in Florida

My son has violated his probation and a warrant was issued for his arrest. When they came to my home the second time to pick him up I allowed them to search my home but he wasn't here, (He won't come back home) I can't get him to turn himself in.. Do I have to allow them to search my home every time they come? What are my rights?


Asked on 8/17/11, 11:07 am

1 Answer from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

You NEVER have to allow them to search your home. If they have a search warrant, they will search regardless of whether you give them permission. If they do not, they either need your permission or cannot enter your home. Your son, however, is not doing himself any favors by running from the law. They will find him, and if they bring him in involuntarily, it will be much worse than if he turns himself in. Remember, at this point he has merely been charged with something. The State has to prove that he is legally guilty (as opposed to factually guilty) beyond and to the exclusion of a reasonable doubt. Running from the law may help them do that.

You, and he, needs a lawyer very quickly. I suggest you find a good criminal defense attorney in your area, and have him speak to your son as soon as possible.

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Answered on 8/17/11, 11:14 am


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