Legal Question in Criminal Law in Florida
Our home was broken into and many items such as an heirloom engagement ring, our shotgun, my husband's bass guitar, some televisions, etc. were stolen. Through tips obtained by us and given to detectives, they were able to determine who broke in. When they went to arrest 2 of the young men, they both admitted to the burglary. One of the men was actually caught in his yard burning some of our items that he couldn't use. He gave the police some of the items (one tv, some jerseys, and a handful of inexpensive jewelry). They have not told the detectives where the rest of our items are. The detectives say they do not have enough cause to get a search warrant for their homes. Is this true even though they were found with some of the items (including the empty ring box the heirloom ring was in) in their yard effectively destroying evidence?
1 Answer from Attorneys
It sounds to ME like there is enough evidence. However, ONLY the police and/or the State attorney's office can decide whether they should issue a search warrant (which ultimately must also be approved by a judge). You should let the police know your position and that you feel that they should search their residence by getting a warrant.
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