Most people expect a reasonable degree of privacy in their homes, vehicles, and personal lives. And they should.
However, under Florida law, there are certain situations where law enforcement may legally conduct a search, either with a warrant or under specific exceptions.
When police cross the line and violate your rights, any evidence they collect may be thrown out of court.
If you’ve been arrested after a police search, or you’re being investigated for a crime in West Palm Beach, or anywhere in Florida, understanding how search warrants work is the first step in protecting your rights.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.
A skilled Florida criminal defense attorney can review whether your rights were violated and, if necessary, file a motion to suppress illegally obtained evidence.
What Is a Search Warrant?
In Florida, a search warrant is a court order signed by a judge that authorizes law enforcement to search a specific person, property, or location for evidence related to a crime. The warrant must describe exactly what area is to be searched and what items are being sought.
A valid search warrant might apply to:
- Your home or apartment
- Your vehicle
- Your phone, computer, or other electronic devices
- A specific piece of property, like a storage unit or workplace
The Fourth Amendment of the U.S. Constitution, and Article I, Section 12 of the Florida Constitution, both require that searches be reasonable and based on probable cause.
If police conduct a search without a valid warrant or legal justification, the evidence they collect may be inadmissible in court.
Who Can Issue a Search Warrant in Florida?
In Florida, only a neutral and detached judge or magistrate can issue a search warrant. Before a warrant is granted, police must submit a sworn affidavit that explains:
- The crime being investigated
- The items or evidence they are seeking
- The specific location to be searched
- The facts establishing probable cause
Judges often review warrant applications quickly, sometimes even remotely or after-hours, but they are still required to ensure the request meets legal standards. Warrants can’t be issued based on vague suspicion or generalities.
When Can Police Search Without a Warrant?
Although warrants are the general rule, there are several exceptions under Florida law that allow law enforcement to conduct a search without a warrant:
Consent – If you voluntarily allow a search, no warrant is needed.
Plain view – If an officer sees illegal items clearly in view (e.g., drugs on a car seat), they may seize the evidence.
Search incident to arrest – Police can search your person and immediate surroundings after making a lawful arrest.
Exigent circumstances – In emergency situations (e.g., to prevent destruction of evidence or ensure safety), officers can search without waiting for a warrant.
Hot pursuit – If a suspect is fleeing police and enters a property, officers can follow and conduct a search.
Vehicle exception – Police may search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.
Whether these exceptions apply is often up for legal debate, and your attorney’s job is to challenge the police’s actions when your rights were violated.
What Is an Illegal Search?
An illegal search occurs when police act without a valid warrant and outside of any recognized exception to the warrant requirement. If this happens, the evidence gathered, whether it’s drugs, weapons, or statements made during the search, may be suppressed, meaning it can’t be used against you in court.
Your criminal defense attorney can file a motion to suppress evidence, and if the court agrees that the search was unlawful, the prosecution may be left without enough evidence to proceed. In some cases, this results in charges being reduced or dismissed entirely.
Keep in mind, though, that suppression of one piece of evidence doesn’t always destroy the entire case, there may be other evidence the state can still try to use.
That’s why it’s critical to have a skilled defense lawyer review every detail of how the search was conducted.
Accused After a Search? Call a Florida Defense Attorney Now
Search warrant issues come up often in criminal cases involving drugs, firearms, theft, and serious felonies. If you believe the police searched your home, vehicle, or phone illegally, do not assume the evidence will automatically be thrown out, it takes an aggressive legal defense to make that happen.
At my Florida criminal defense firm, I represent clients throughout Palm Beach County, Broward, Miami-Dade, and across the state. If you’re facing charges after a search, or think law enforcement is targeting you in an investigation, contact my office immediately to protect your rights and your future.
Accused or Arrested for a Serious Crime in West Palm Beach?
If you’ve been charged with a crime or are under investigation, the best time to hire a criminal defense attorney is immediately. Already arrested? You’re likely to have question too. That’s why we are here.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.