Legal Question in Criminal Law in Florida

Search and Seizure and How minute is evidence?

A search warrant was issued to me and my boyfriend, nowhere on the warrant

does it give allowance to search us. It only states dwelling and vechicles that

are parked on property. Is this in their rights? Also I watched them search my

bedroom, and did not see them find anything. Later one officer handed another

a corner of a sandwich bag with a speck of what they say was cocaine. My

boyfriend was arrested for possesion. Is it true they need no quanity for a

possesion charge? And does it not matter that I watched them search the area thet say it was found and I did not see them find anything? This is not our first

search we have been searched before without a warrent. This warrent was based

on hearsay. With no reasonable cause.,


Asked on 11/29/99, 9:43 am

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: Search and Seizure and How minute is evidence?

VERY INTERESTING CASE, I do not have enough time to explore a full answer to your question, but...You have a huge defense by attacking the basis for the warrant. This includes the credibility of the witnesses/affiants, and the source(s) of the information that they used to get the warrant. I could go on and on but your best bet is to hire an attorney who knows criminal law. Any amount of cocaine is enough for a bust. Whatever you do act quickly to suppress any evidence based on an improper search....GOOD LUCK.

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Answered on 12/31/99, 5:12 pm


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