Legal Question in Criminal Law in Florida

Re: Unlawful search and seizure

Your friend should hire a good attorney. If the Officer really just said "Would you mind if I take a quick look in the truck?", then a reasonable person would not interpret that to mean look through bags, but instead just to make a cursory inspection.

If this occurred in Central Florida give me a call.

Regards,

Richard Hornsby

Re: Unlawful search and seizure

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While it appears that your friends did give permission to the search, it can be argued in court that it was only for a cursory look in the truck and not a thorough search. Frankly, the possession of tools in a truck is not unusual and absent other evidence, I do believe that a good criminal attorney would be able to discredit this as evidence in court.

Scott R. Jay, Esq.