Legal Question in Criminal Law in Florida

probable cause for search for drugs

My husband had an outstanding VOP warrant when he was pulled over. The police claim they ID'd him as the offender but in fact his windows are tinted making a visual ID nearly impossible. Immediately after pulling him over they searched the vehicle for drugs (which they found and charged him with) even though any evidence of drugs was not visible. Can we claim they were unable to visually ID him as a defense to throw out the evidence, and can they search even though there is no visible evidence of drugs in the car? Also, if the police used an informant (which they did) can he be forced to testify that he provided the police with the information?


Asked on 5/03/08, 11:21 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: probable cause for search for drugs

If he had a warrant out, they had a right to arrest him. If they had a right to arrest him, they had a right to search the car. How they determined it was him is probably less relevant, given that he had a warrant.

If you know the name of the informant, he can probably be made to testify, but I'm not sure his testimony is relevant. The means of how the police determined it was your husband becomes a lot less important when there is an outstanding warrant as opposed to when the police are arresting based on suspicion of a crime. When the police are arresting someone based on suspicion, the suspicion can be challenged. When the police are arresting someone based on a warrant, there is a lot less to challenge. With a warrant, there is no question that the police have a right to make the arrest and do the search. With suspicion, there is considerable question as to whether the police have a right to arrest and search.

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Answered on 5/04/08, 12:11 pm


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