Search issues in criminal cases can be complicated

Last month, a 42-year-old Seffner man was arrested and charged with tax and fraud charge after police executed a search warrant on his home. The man, who had been under investigation for a month prior to his arrest, is accused of possessing guns, drugs and various items suggesting he had been involved in tax fraud.

Among the pieces of evidence found were cocaine, methamphetamine, and other drugs, two handguns and ammunition, W-2 forms, various Florida driver's licenses, debit and social security cards, a list of 75 names, and what prosecutors claim were instructions for committing tax fraud. As if this evidence weren't bad enough, the man has an extensive criminal record including 15 felonies, and his most recent release was in 2010.

One important thing to remember about criminal defense is that, no matter what kind of evidence prosecutors have against a defendant, there are protections available when officers failed to conduct an investigation properly. In this case, this doesn't seem to be an issue, based on what sources are saying. In some criminal cases, though, officers obtain incriminating evidence by conducting a search without first obtaining a warrant, or by executing a warrant incorrectly.

When this happens, the criminal defendant may be able to have the evidence tainted by the improper search excluding from evidence at trial. This is known as the exclusionary rule. The rules pertaining to the exclusionary rule can be confusing, however, because the protection may not be available in cases where officers thought they were acting properly. Determining where this exception is applicable requires an examination of the officers' mental state at the time of the search.

Needless to say, it is important to work with an experienced attorney when pursuing cases with search issues, and any criminal case for that matter.

Source: Tampa Bay Times, "Search warrant yields arrest of man on drug, tax fraud charges," Dan Sullivan, June 6, 2014.

No Comments

Leave a comment
Comment Information
  • Badge 1
  • Badge 2
  • Badge 3
  • Badge 4
  • Badge 5
  • Badge 6
  • Badge 7
  • Badge 8

Contact O'Brien Hatfield, PA for a free case evaluation today

In Tampa, call (813) 345-4909. In Orlando, call (888) 496-5916 . For fast answers, email us using the form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Footer Brand

Tampa Bay Office
511 West Bay Street Suite 330
Tampa, FL 33606

Toll Free: 888-496-5916
Phone: 813-345-4909
Tampa Law Office Map

Central Florida Office
121 South Orange Avenue Suite 1500
Orlando, FL 32801

Toll Free: 888-496-5916
Phone: 407-808-6750
Orlando Law Office Map

South Florida Office
Northbridge Tower
515 North Flagler Drive
Suite P-300
West Palm Beach, FL 33401

Toll Free: 888-496-5916
South Florida Office Map

South Florida Office
Brickell Bay Office Tower
1001 Brickell Bay Drive
Suite 2700 M-1
Miami, FL 33131

Toll Free: 888-496-5916
Phone: 305-909-0624
Miami Law Office Map