Legal Question in Criminal Law in Florida

Hi , i was arrested for traffiking cocaine , cops told me to sign a paper , i didnt know what it was so i ask them , they told me that it was a report of my arrest , so i sign the paper , after that they drove me to my house and took my key from my bag and left me in the car outside (2am) , they open the house where my wife and her son was sleeping , went to her room , told her to get dress and sit in the living room and dont move , after searching everywhere in the room they left (2.30am) . they came back in the morning at 8am to make my wife sign the consent that they forgot to make her sign to search her house at 2am .. she didnt want to sign , they told her that if she dont sign they would arrest her and take her son away ... so she sign it involuntary ... is that enough to exclude the search and seizure at court ???


Asked on 11/01/09, 4:25 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

From what you write, yes it sounds like the evidence would be inadmissible in court. There are all kinds of 4th Amendment issues here. The police generally need a warrant to search a home, but there are exceptions. Consent for one. The law can be very complex in this area, but to answer your question, yes it sounds like enough to exclude. You really should sit down with an attorney in your area to see what your best options are. Good luck.

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Answered on 11/06/09, 4:35 pm


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