Legal Question in Criminal Law in Florida

Re: Arrest warrent

Your answer depends whether the warrant is an ARREST warrant or SEARCH warrant. If he/she has an arrest warrant for one's arrest, they have authority to execute the warrant for arrest, not necessarily to search the premises. If the suspect is in a car and there is an arrest, they might say they had to search the car for "officer's safety" or to inventory the car if they had to call a tow truck.

If they had a search warrant, they can search only the premises sited in the warrant.

We often file Motions to Suppress Evidence, if granted will keep out certain confiscated evidence. The motion is based upon an illegal search. These are commonly filed, but not always granted. The more serious the charge, the more serious the need to keep out evidence. If my office can be of any assistance in No. Fla., please give us a call. good luck. Tom Rosenblum