Legal Question in Criminal Law in Florida
arest warrent
if you are sereved a warrent and they gey you at your house can they search for drugs and if found then they get a search and seasure warent
2 Answers from Attorneys
Re: arest warrent
If this happened to you you may have some good issues for a lawyer.
Re: arest warrent
You should hire an attorney and fully discuss your case.
If the warrant provided for a search of your house, then, yes, they were allowed to search your house. If it was just a warrant for your arrest, law enforcement would be allowed to "secure" the house to make sure no one was going to jump out with a machine gun, and if they saw any contraband or evidence in plain sight, they could seize it. Also, they could search the area within arm's reach of you to make sure you did not stash a weapon or evidence.
However, in Florida, as far as drug contraband goes, if they did not find the contraband on your body, and have no evidence tying you directly to the drugs, they probably can not establish what is known as Constructive Possession. Finding drugs in your house is not enough to sustain a possession charge, if the charge is challenged.
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