Legal Question in Criminal Law in Florida
plain clothes officers came to my yard without warrant then procedded to come into my home without a warrant and no clear probable cause. They made up a story and left out major details about where I was when the arrived at my home. I was in my yard and was not under arrest, now was I a fugitive from law. Since I met them outside away from my home do they have the right to still come to my home look through my windows and then just walk inside my home with out any clear probable cause after I MADE CONTACT OUTSIDE OUTSIDE AND I NEVER INVITED THEM INTO MY HOME. Their reasoning is that an "tip" from someone that lives behind me stating I was selling drugs out of my residence, although they had no proof prior to that of me doing anything. They didn't even know my name. Do I have a case?
Again, they had no warrant or probable cause when they first made contact with me outside of my home, and not inside near my door like their report says.
1 Answer from Attorneys
Had they found drugs as a result of the illegal search and seizure, your criminal attorney would have grounds to have the Judge throw the evidence out of court. But that does not seem to be the case.
Civilly, whether or not you have a case depends in no small part on whether or not you have suffered damages as a result of the cops activity.
What you may want to consider doing is filing an internal investigations complaint against the officers.
Related Questions & Answers
-
I was arrested in 2003 for resisting arrest w/o violence. The judge withheld... Asked 5/09/10, 1:08 pm in United States Florida Criminal Law
-
Hi, almost give years ago, 05/29/05, my son was caught shoplifting at a local JC... Asked 5/05/10, 5:55 pm in United States Florida Criminal Law