Legal Question in DUI Law in Florida

Re: Search and Seizure

Because of the moveable nature of automobiles, police can search them without a warrant if they have probable cause. This is not true of homes: even if police have probable cause, in almost all cases, they must still get a warrant to search. However, they can ask permission to search, and an uncommon number of people just go ahead and give them permission, thereby resolving the police's problem of no warrant. Never give permission to search anything. The fact that you refuse permission will not give them probable cause to obtain a warrant, and it will not make things harder on you. Granting permission to search will not cause them to think that you must not have anything to hide. It will just make things easier on the police. In my experience, granting permission to search is the #1 reason people seek my services.

Re: Search and Seizure

As a practical matter, search and seizure laws are not the same regarding a home and a car.

For Fourth Amendment purposes, one is deemed to have a much greater expectation of privacy in a home as opposed to a vehicle. Therefore, the general rule is that homes cannot be searched absent a warrant, though there are exceptions, while vehicles can be searched if they are validly stopped and there is probable cause to believe there is contraband or evidence therein.

That does not mean that a rogue officer can decide over coffee and donuts that he's going to stop every vehicle he sees during the course of the day and do an exhaustive search. There must be a valid stop.

The legality of a warrantless search is fact sensitive, meaning the details of what occurred in a particular context can mean the difference between a conviction and an acquittal. Therefore, the response given here is not legal advice for any particular situation, but a general answer to a general question.

If you or someone you know has been involved in such an incident, that person should seek the advice of competent counsel at the first opportunity.

Very truly yours,

David S. TenBrook

[email protected]

727-895-8195