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TK Law has worked with many clients who endured illegal searches that led to criminal charges. In the example of the search described in the video, law enforcement used a “pot smell” to catch someone with an open container.
As your Orlando criminal attorney, if we have reason to believe the police violated your constitutional rights when developing a case against you, we will make a motion to the court to have the evidence suppressed and the case dismissed. It is often an effective part of DUI defense.
In fact, the most common basis for filing a motion to suppress is when police conduct a warrantless search or seizure of your person, home, or vehicle. If law enforcement unlawfully stopped or detained you in order to gather further information or evidence, they are violating your rights in hopes of catching you with illegal drugs or alcohol or other contraband.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Orlando Criminal Lawyer: Examples of Illegal Evidence
Police officers should not be able to claim they are looking for marijuana and then arrest you for something else without finding evidence of the alleged criminal act. In the same vein, law enforcement cannot say they smell alcohol on your breath and then arrest you for marijuana they find when they search under the seat or in your pocket, even though you pass all of their intoxication tests.
This violates your Fourth Amendment right to be free from unlawful searches or seizures. And if you have a good criminal defense attorney, a motion to suppress is one of the first criminal defenses that they will use to protect you.
Police officers are given quite a bit of power and autonomy, yet the Fourth Amendment protects an individual’s privacy and prevents people from being charged with a crime without a sufficient legal basis. A motion to suppress evidence is just one kind of pretrial motion that your criminal defense lawyer may file in order to start fighting the charges against you before your trial even begins. The prosecution may not have a solid case against you if that evidence is excluded.
If you have been charged with a crime, be sure your Orlando criminal defense attorney is knowledgeable about when evidence can be suppressed, as this can be a pivotal defense tactic in your case.
Get Help with Legal Issues Now! - Call 855-Kramer-Now (855-572-6376)
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