Challenging Illegal Search And Seizure

Summary

In Florida, possession of cocaine is a third-degree felony with penalties including up to 5 years in prison and a $5,000 fine. If you believe the drugs were planted or there was an illegal search and seizure, consult a criminal defense attorney to challenge the evidence.

Full Conversation

possession of cocaine
What state are you located in, ****? Laws regarding drug possession can vary significantly from state to state.
florida
In Florida, possession of cocaine is a third-degree felony. Penalties can include:

- Up to 5 years in prison
- Up to $*,* fine

Do you have legal representation?
i want to fight it
What specific aspects of your case do you want to challenge? It's important to have a clear strategy when contesting a charge.
that the drugs were planted, ot was illegal search and seizure
What evidence do you have to support your claim of illegal search and seizure? In Florida, the Fourth Amendment protects against unlawful searches and seizures.
the officer went on a property that i live on with a
warrant? If not, this could potentially be a violation of your Fourth Amendment rights.
warrant
What specific details can you provide about the warrant? Was it properly issued and executed?
there was no warrant
What were the circumstances that led the officer to search your property without a warrant?
a neighbor down the street said they saw a suspicious vehicle in a wooded area. the wooded area inquestion is part of the property i live on. * Highland Ave Dunedin, Florida
What actions did the officer take after receiving the information from your neighbor?
he walked on the property and started asking if he could search me and my friends vehicle. we both said no but preceeded to start searching the vehicle
Did the officer provide any reason for the search despite your refusal? In Florida, warrantless searches require probable cause or consent.
none that i can remember
Did you or your friend record the incident or are there any witnesses who can confirm your version of events?
no
Have you considered hiring a lawyer to help you challenge the legality of the search and seizure?
he didnt even go to the owners of the property to ask permission
Did the officer have any visible reason or probable cause to search the property without a warrant?
none
What was the reason given by the officer for not seeking permission from the property owners before conducting the search?
he didn't give one. its been hard trying to get a lawyer
What steps have you taken so far to find a lawyer? In Florida, you can contact the Florida Bar Lawyer Referral Service at *-*-*-* for assistance.
im on supplemental Security Income and they are too expensive
Have you considered reaching out to legal aid services in Florida? They often provide free or low-cost legal assistance to those who qualify.
i have but no success
What reasons did the legal aid services give for not being able to assist you? In Florida, you can also try reaching out to local law schools for pro bono legal clinics.
never gotten a reply back
I'm sorry to hear that. Have you tried reaching out to the Florida Legal Services at *-*-*-*? They might be able to assist you.
no I will do that and ive. been on ror for almost two months calling in every week. a sheriff came by my place yesterday and told the owner I needed to come in and fill out more paperwork by 2pm today or id have a warrant for my arrest. why did they wait 2 months?
Did you miss any previous appointments or fail to comply with any conditions of your release on recognizance (ROR)?
wno
What does "wno" mean in this context?
no
Have you contacted the court or your case officer to clarify why they need you to fill out more paperwork?
idk they didn't give me a case worker for which i thought that was strange
That does seem unusual. Have you tried reaching out to the court directly to inquire about this? The nearest court to you would be the Pinellas County Justice Center, their contact number is (*) *-*.