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


Asked on 4/19/08, 3:15 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: arest warrent

If this happened to you you may have some good issues for a lawyer.

Read more
Answered on 4/19/08, 4:37 pm
Brandon Kolb Kolb, Cintron, & Associates

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.

Read more
Answered on 4/21/08, 12:10 am


Related Questions & Answers

More Criminal Law questions and answers in Florida