Without a doubt two of the more well-known parts of criminal law are the Miranda Warnings, and the need for the police to have a search warrant if they want to enter your home. This could be because these two topics are given a lot of attention in the movies and on TV, or it could be because these are two of the most fundamental rights of a criminal defendant. But, even though we have all seen a show where the police say, “You have the right to remain silent, anything you say can and will be used against you in a Court of law[,]” or seen one of our favorite characters block the entrance to their home and demand a search warrant be produced before letting the police in, this does not mean these rights are this cut and dry. There are exceptions to these rules, and in order to make sure your rights are protected you need to know some of the basics. Luckily, there is no lack of cases on these subjects.
For example, just over a year ago, in the case of Thompson v. State the following two key components were identified when the issue of whether warrantless searches are legal, and if so whether any evidence obtained from a warrantless search can be used:
● If you allow the police to enter your home and conduct a search, then, of course, the police may enter your home and conduct a search without a warrant.
● If you gave a statement to the police as part of an interrogation, those statements cannot be used against you. This is different from engaging in mere conversation, and the key here is that the statements were made as part of being interrogated. To make the distinction, you will need to present evidence of the facts and circumstances surrounding the questioning. One fact in your favor in this type of scenario is that you asked for an attorney to be present, but were denied that request.
If you are successful in keeping evidence out of court, you can wind up winning your case or at least using the success in having the evidence suppressed as a bargaining tool with the prosecution. Let us review your case and handle the evidence for you.
For help with criminal defense and for answer to questions about searches and what evidence can be used, contact us today. Call an experienced criminal defense attorney in Key West to find out what rights you have, and how to protect those rights.