How Do Search Warrants Get Challenged in Florida Criminal Cases

Search warrants are key tools in criminal investigations. They allow police officers to enter any property and take possession of evidence. There are situations when a search warrant is declared invalid by the courts, and the evidence seized cannot be used in court proceedings against the accused. Knowing why a search warrant might be considered invalid is essential for those who have been charged with crimes. 

Understanding Florida law 

The constitutional provision protecting the right against unreasonable search and seizure is set out in the Fourth Amendment of the U.S. Constitution. The protection of this right in Florida is provided by the state laws that require police officers to get a warrant based on probable cause before conducting any search.

The term probable cause implies that there should be at least a reasonable chance that evidence of a crime can be found at a particular location. An application for a warrant should be made before a judge who will examine the affidavit showing the factual basis for probable cause.

Nevertheless, if the affidavit fails to show the necessary facts for probable cause, the warrant is invalid, and all evidence collected pursuant to such a warrant is subject to suppression. 

The motion to suppress

You can contest the warrant by filing a motion to suppress evidence. Such a request asks the court to prevent the admission of illegally obtained evidence. If granted, the motion could leave the prosecutor without any evidence against the defendant, which could either reduce or dismiss the charges.

Here are some possible grounds for filing the motion to suppress:

• Absence of probable cause – If the affidavit fails to demonstrate the connection between the commission of the offense and the search premises, then there could be an absence of probable cause.
• Staleness of the facts presented in the warrant – The information should not be stale; otherwise, it cannot form the basis for issuing the warrant.
• Vague description in the search warrant – The warrant should define the items to be sought and seized, and vague language would make the warrant constitutionally invalid.
• Improper execution of the warrant – Even if the warrant is valid, its improper execution would still form another reason for the suppression of evidence.

Franks hearings and false statements

Under certain circumstances, an accused party could argue the authenticity of the affidavit by means of a Franks hearing, which originated from the United States Supreme Court Case Franks v. Delaware.

During a Franks hearing, the defense will show that the police acted deliberately in making a false statement and/or failing to include important information in the affidavit. If proven, the warrant will be considered invalid on the basis of the probable cause requirement being misrepresented.

Why these challenges matter

Challenges related to search warrants can prove to be the tipping point of a criminal proceeding. Drugs, weapons, or electronic documents can serve as the basis for a criminal case; however, without them, the State can find itself at a standstill.

Given their technical nature, challenges like these demand that police reports, affidavits, and other relevant factors be thoroughly examined.

Talk to a Tallahassee, FL, Criminal Defense Lawyer Today

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing criminal charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.