People are pulled over all the time. In most cases, a person is stopped because of some kind of driving violation and issued a Jacksonville traffic ticket. Drivers are often stopped and given Florida speeding tickets for speeding. Being pulled over by a police officer is intimidating. A police officer may be permitted to stop you, but that does not mean that he or she has the right to search your car. Searching someone’s car is an invasion of privacy. It is not okay. Telling a police officer that you do not want him in your car does not mean that you are doing anything wrong or have anything to hide. Having a “suspicion” does not give a police officer the “probable cause” that is required to search a person’s vehicle. The 4th Amendment of the United States Constitution protects you against unlawful searches and seizures. The 14th Amendment is the reason that this law applies to Florida and the other 49 states.
Florida law states that police officers and other law enforcement officials need probable cause to search your car. If the police officer does not have probable cause, you must consent. Usually, police need a search warrant to conduct a search. Cars, trucks, and other vehicles are treated differently. The automobile is an exception to the warrant requirement. This does not allow them to search an automobile any and every time they want.
It does not matter if you were arrested in Duval County for Jacksonville drug trafficking. It does not matter if you were arrested in Clay County for Florida possession of cocaine charges. It does not matter if you were arrested in St. Johns County for a Florida gun charge. If your search was illegal, you could win a motion to suppress the evidence.
Imagine that police pulled you over in Jacksonville Beach, Florida. You were stopped and given a Jacksonville speeding ticket. The police continue to detain you, even after they gave you the ticket. They should have let you go after issuing the traffic citation. Instead, they brought in the drug dogs and illegally search your car. You were arrested for Jacksonville possession of marijuana after the police found drugs in your car. You may have a valid motion to suppress the marijuana. If you win the motion to suppress the drugs, the state attorney may drop your Jacksonville drug charges.
If you are not a Jacksonville criminal lawyer, you do not know the search and seizure laws. You may not understand the protection that the Constitution gives you. If you have been arrested, it is important to talk to a Jacksonville lawyer about your case. You may speak to a Jacksonville criminal defense attorney with experience by calling (904) 564-2525 or by sending an email.