Legal Question in Criminal Law in Florida

The police wanted to search my home looking for stolen goods that my husband bought but didn't have a warrant. When I told them that they had to have a warrant, they said they would get one, but if they found anything stolen in the house, I would be arrested. I stated twice more that I wanted them to get a warrant and each time they said they would get one but, "they hated to see me get arrested for something someone else did." I knew they wouldn't leave until I gave my consent because I've dealt with Cape Coral before while working as a state investigator and I was asked on two different occasions to lie about an investigation so that they could bring charges against a suspect. I refused, but I know that the police in Cape Coral will do whatever they need to get what they want. I finally consented because I was afraid to get arrested, and they subsequently found stolen goods that my husband had bought from someone else. Is the search illegal and the evidence insubmissable?


Asked on 3/17/13, 6:21 pm

2 Answers from Attorneys
Gordon Fenderson Fenderson Law Firm

A consensual search is legal. According to you, you allowed them to search.

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Answered on 3/17/13, 7:27 pm
Craig Epifanio Craig Epifanio, P.A.

If you gave consent freely and voluntarily, then it would be legal. HOWEVER, your version certainly does not sound free and voluntary. Consent is very fact intensive so I strongly suggest you talk to an attorney that knows how to fight these kind of cases in the Cape Coral area.

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Answered on 3/17/13, 8:33 pm


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