Legal Question in Criminal Law in Florida
If an officer makes a signed report the date of the incident which in no way refers to any sort of consent to enter a residence and then nine months later has a sworn testimony stating that he did have consent, is that enough to not make it an illegal search and seizure?
Asked on 1/21/12, 11:53 pm
1 Answer from Attorneys
Burt Stutchin
Harris & Stutchin
No, however, the motion to suppress should highlight the absence of the mention of consent in the first report as this tends to show that the later affidavit is a fabrication. In the end, it is up the judge to determine whether or not consent to search had been freely and voluntarily given.
Answered on 1/23/12, 5:38 am
Related Questions & Answers
-
If my father got a charge of soliciting to a minor how can i get visition rights for... Asked 1/20/12, 10:58 am in United States Florida Criminal Law
-
Why are there so many pre-trail hearings befoer the actual trial? Asked 1/20/12, 9:47 am in United States Florida Criminal Law
-
I'm a 1st time offender with domestic violence what will happen to me im really... Asked 1/19/12, 10:10 pm in United States Florida Criminal Law
-
In Florida would it be defined as harassment to send a facebook friend request to... Asked 1/19/12, 3:11 pm in United States Florida Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
