Unlawful Search And Seizure

Information from questionable informants, drug dog hits on property and items seized from homes are all the types of evidence people try to keep out of court by claiming the search and seizure was not valid. Ft. Lauderdale lawyer Kevin J. Kulik, PA has spent time as a state’s attorney and has experience working with law enforcement agencies. He knows the tactics typically employed to gain evidence. When charged with a crime, one of your first lines of defense is to keep harmful evidence out of the hands of the judge or jury.  

We all have an expectation of privacy in our homes, and when invaded without proper authority, any items taken may not be used against us in a court of law. This article illustrates this point by featuring a story about officers who went to the home of a person of interest in a homicide investigation. Finding no one home, the officers searched the trash can, and found incriminating items. They made an arrest based on these items. The accused sought to have the items kept out of court, stating the search of the trash was outside the bounds of legal searches in an area where one expects to maintain a level of privacy. Law enforcement claimed the search and seizure was lawful, because they waited until the trash was put at the curb to take the items. The Court disagreed and did not allow entry of the things taken as evidence. 

Without evidence, motive and a winning argument, it can be difficult for the prosecution to win their case against you. In criminal cases, all areas of defense must be explored, so you have more than one strategy to pursue. 

Call an effective Ft. Lauderdale criminal defense attorney for a thorough review of your case. We analyze every aspect of your case and develop several approaches for your defense. We listen to you and honor your wishes for effective defense strategies. Our office provides a free initial consultation and meets with you at the time and place of your choice.