ARRESTED? INVESTIGATED?   ARRESTADO? INVESTIGADO?

Call Us Now!

305-644-1800

How the Police Get a Warrant to Search a Home


To get a search warrant in Florida, a law enforcer must submit a request for one from a magistrate or judge. The request needs to be accompanied by an affidavit which has been sworn by the officer involved in the request. This includes information that provides the foundation for probable cause for wanting the search warrant. The judge needs to be convinced that there is a high chance that contraband, or proof of a crime, is likely to be discovered at the property that needs to be searched.

Additionally, once issued, the search warrant needs to specify what the police are permitted to search for and must include a good description of the property that requires the search warrant. If a judge or a magistrate decides to issue a search warrant, at any time the police have the power to execute the search warrant. Typically, the police are able to only search for goods that are indicated on the warrant. For example, if when the warrant is issued it permits the police to look for stolen televisions, they are not permitted to open bathroom cabinets or drawers where a TV would never fit.

When a warrant is not required to undertake a search of a home

The Fourth Amendment protects U.S. citizens against any “unreasonable” search and seizure. Generally speaking, before a police officer can conduct a search of a person’s home a warrant is required based on probable cause. But this isn’t always the case as the Fourth Amendment states that people have the right to be secure from any unreasonable searches and seizing of property. Any warrant that is issued must be based on probable cause which has been supported by oath and a description is provided of where in the house needs to be searched and what or who needs to be seized.

There are exceptions to the warrant which include the following.

• Asking you to give consent to search your home. Once this has been given a warrant is no longer required. • Plain view is another exception and this is when illegal contraband is in plain view when you have opened the door to a police officer and s/he can see the substance sitting on the table without entering the house. • When a police officer instigates a lawful arrest s/he is entitled to search the area immediately around the arrested person to determine whether a weapon or any illegal item is present. A warrant is not required. • In an emergency if a police officer arrives at your house and shots can be heard or screams for help the officer may without possessing a warrant.

If you believe you have had your rights breached under the Fourth Amendment, you should talk to Albert Quirantes Esq., an experienced Miami criminal defense attorney, who will discuss with you your legal options. You can call his office in Miami at 305-644-1800.

Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer

http://www.criminaldefendant.com/

For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.

Increase your knowledge! If you want to know more about how to resolve the problems you face when charged with a criminal offense in Florida, then you can follow Miami Criminal Attorney Albert M. Quirantes on Facebook, Twitter, or Google+.

If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.

If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.

Featured Posts
Recent Posts
Archive
Search By Tags
Miami Crimianl Attorney Albert M. Quirantes

1815 NW 7th Street,

Miami, Florida 33125-3503
1-800-333-LEGAL (5342)

Dade: 305-644-1800
Fax: 305-644-1999

amq@CriminalDefendant.com

  • Twitter Social Icon
  • Facebook Social Icon
  • LinkedIn Social Icon
  • YouTube Social  Icon
  • AvvoIcon
  • InstagramIcon
Miami DUI Lawyer | Attorney Albert M. Quirantes
Miami DUI Defense Lawyer | Attorney Albert M. Quirantes
Miami FACDL Lawyer | Attorney Albert M. Quirantes
Miami Trial Lawyer | Attorney Albert M. Quirantes
fl_miami_criminal-attorney_2021_inverse.

© 2021 Albert Quirantes. The name of this law firm is: "Albert Quirantes, Esq., Criminal DUI & Ticket Lawyers", a subsidiary of The Ticket Lawyers, P.A., a criminal defense law firm and formerly known as Ticket Law Center. It's the main office is located at 1815 N.W. 7th Street, Miami, Florida 33125. Albert M. Quirantes has been licensed to practice law in Florida since May 13, 1988. We publish the information on this website to help inform you, but nothing on this website or its links is to be considered legal advice and we do not have an attorney-client relationship until you retain us as your attorneys.

 

Confidential or time-sensitive information should not be sent through this website or through email. The transmission of information to us via this website or email does not create an attorney-client relationship until a legal fee is paid and the firm agrees to take your case in writing. You should not take any legal actions based on the information found on this website and the law firms are not liable for your use or interpretation of information contained in this website and expressly disclaim all liability for actions you take or do not take based on information from this website or any of its links.

 

This disclaimer governs your use of this website and you accept this disclaimer in full by using it. If you disagree with any part of this disclaimer, please do not use our websites. We may modify these terms at any time and you are asked to check periodically for changes. By using this site, you agree to accept any changes to these terms whether or not you have taken the time to review them.

 

Privacy Policy: We do not provide your private information to anyone. That includes parents, family members or friends. This refers to your email address or any contact information or information about your legal matter or questions. It's no one's business but yours unless you authorize its release.