Search & Seizure Checklist
Criminal defense lawyers in Palm Beach County rely on the constitutional protections of citizens and use the law to their clients benefit by filing motions to suppress when their rights have been violated.
To determine if you have a suppression issue, Criminal Lawyers in Palm Beach County ask the following questions:
• Did the Palm Beach County police officer stop or arrest your client? Anything taken from him or anything he said after the stop may be suppressible.
• Did the Palm Beach County officer take or inspect anything belonging to your client, such as wallets and belongings, bags and briefcases, drugs and guns, books and records and computers?
• Once they seized that item, did the Palm Beach County police officer probe further by opening containers or files, either paper or computer?
• Did the Palm Beach County law enforcement officer make any examinations of your client's body or any substance taken from his body, such as hair, blood or urine?
• Did the police search or seize your client's
car or any car in which he was present?
• Did the officers enter or search your client's home, the areas around his home, his place of business, or any other place with which he had
anything more than a transitory connection (whether or not he was present at the time)? Did the Palm Beach County police officer intercept or overhear your client's telephone conversations, mail or computer communications?
Did the Palm Beach County officer officers use any extraordinary technology to monitor your client's activities or see into any space where he would have an expectation of privacy?
Criminal Defense Lawyers in Palm Beach County Practice Guide: Establishing a Search
A government intrusion constitutes a search when two conditions are present:
• The individual manifested a subjective expectation of privacy in the object of the challenged search.
• Society is willing to recognize that expectation as reasonable.
Establishing that the intrusion is a search is critical, for only if it is a search must there be some justification (either probable cause or reasonable suspicion) for it.
The police in Palm Beach County need no justification to:
• Approach an individual on the street and ask him questions, so long as there is no official compulsion to stop or respond. (in Palm Beach County, a police officer must have "an objective, credible reason, not necessarily indicative of criminality" to make any noncustodial approach to an individual to request information).
• Look into an open window.
• Shine a flashlight into a car from the outside.
Criminal defense lawyers in Palm Beach county know the law pertaining to search and seizure issues and are prepared to use it in helping you defend your case. Remember, in Palm Beach County, a criminal investigation that does not conform with the rules of criminal procedure may result in a voluntary dismissal of the States case.