Legal Question in Criminal Law in Florida

I was touched against my will at seminole casino by the security guard and wass told that he can anything he wants to do to me because its the indians reservation and he search my purse, my person and my car if he wanted to. I filed charges against him for touching me against my will with the police department. I told him that it would be a violation of my 4th amendment rights to search my locked car against my will and i had't committed a crime neither was i under arrest. He said that it did't matter.


Asked on 10/08/09, 1:27 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The fact that it is on the Indian reservation does not change the fact that you still have 4th Amendment rights. You have the right to refuse consent to search your purse, car, bag, etc. In fact, if they did not have reasonable suspicion of a crime, you could sue them as a violation of your civil rights (but that is a wholly different area of law). If, however, this ended up resulting in a criminal charge, it may still be fought as an illegal search and if that is the case, feel free to contact me.

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Answered on 10/17/09, 10:03 am


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