In order to understand the implications of have a probable cause in Florida, we must first discuss the definitions of probable causes and when they are encountered. The probable cause is a criterion on which the police can issue a warrant for the arrest or search of a suspected criminal. This can also be seen when the criminal indictment is issued by grand juries.
The 4th Amendment protects you from illegal searches and seizures. Searches and arrests are usually illegal, unless otherwise warranted, which may be subject to a warrant. Permission must be obtained before an investigation can be carried out and these must be given to a competent judge when the law enforcement brings them to reason under the beliefs and circumstances and the fact that his knowledge will lead to a reasonable person believe the two are committing a crime and who can arrest them for the crime.
Probable cause is defined as the reason to believe why a person steals property, stolen goods, or other evidence associated with a crime and believes that the place being searched is the place where it can be found. What do you need to indicate a Probable cause? To show Probable cause, law enforcement officials must personally observe a situation or event in which they may determine that it exists. In such a case, the judge must be persuaded to arrest the judge so that he or she can issue an arrest warrant. Once issued this letter is legal to conduct the search.
There are a few circumstances where probable cause and a warrant can be issued without having seen the actual events.
Florida states these three different Statutes:
• Florida Statute 790.233: related to possession of ammunition, firearms, or when a person is subject to injunctions against committing acts of stalking, domestic violence, or cyberstalking
• Florida Statute 741.31: related to violation of an injunction for a domestic violence protection order
• Florida Statute 784.07: related to violating a protective order for sexual violence, repeat violence, or sexual violence
If an illegal search and seizure without proper probable cause or a warrant has been done to you or someone you knew, then it’s imperative that you seek out the assistance of an experienced criminal defense attorney. The attorneys at The Reyes Firm has decades of experience and is an expert with such legal proceedings. Give him a call today at 833-4-BAD DAY (833-422-3329) to schedule a consultation to discuss your case.
