Legal Question in Criminal Law in Florida
What is the criteria for granting a search warrant?
I have lived in my house on a cul-de-sac for 17 years, I have never been arrested or even had a parking ticket. I am a single parent employed fulltime with a teenage child who is also employed and going to community college.
8 months ago a family moved in 2 houses down. They have called the police out here for everything from us(legally) parking in the street to falsely claiming kids were doing drugs on the sidewalk in front of their house.
Last night I was home alone in my pajamas eating a bowl of Trix when three narcotics agents came to my door and wanted to search my house. They had a ''tip'' I was dealing narcotics out of my home. I told them I was alone and would rather not let them in. They said they would be back with a search warrant. Then my son's girlfriend drove up and they ran out to her car saying ''Do you live here? Do you know who lives here? You better leave we're getting a search warrant.'' I have nothing to hide but I don't want my whole house tore up just because these psycho neighbors are making false claims.
Are search warrants granted just because of a tip? Doesn't there have to be some sort of evidence? Can a lawyer keep them from coming back and tearing up my house?
1 Answer from Attorneys
Re: What is the criteria for granting a search warrant?
The police only need probable cause. Hi traffic in area could plus a claim could be enough for a warrant. They dont ransack the house, thats tv. They may not get the warrant.
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