Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

The client was arrested at his doorstep shortly after being confronted by sheriff's deputies from the Polk County Sheriff's Office. These deputies were attempting to execute an arrest warrant issued for his son. After putting our client in handcuffs the officers led him into his house. The client asked the officers about the warrant, and they eventually realized that he was not the subject of the warrant. Shortly after becoming aware of the mistake the deputies took the handcuffs off the client, and asked him if they could check to see if his son was in the house. The officers ultimately searched the residence and found three marijuana pipes. After the officers threatened to arrest his wife, the client told the deputies the pipes were his. A number of issues were raised by the officers entering and searching the home in this manner. First, if they felt they had the right person they should have taken him to the county jail without entering into the home. Second, an arrest warrant has certain limitations. The courts are very aware that law enforcement may abuse the authority to search for someone in the home and attempt to search for drugs during the execution of an arrest warrant. Third, even if consent to search was given, it only came after the officers asserted their authority by handcuffing our client and walking into his home. Find out 4th amendment suppression issue asserted by the tampa defense attorney that led to the DISMISSAL of the charges.