Search and seizure issues in criminal cases should be handled by experienced attorney

One of the themes we like to stress on this blog is that the propriety of police investigation is an important issue when it comes to building a strong criminal defense case.  Most people don’t need much convincing to understand the police are capable of serious abuses of power. Even in cases where it isn't obvious that police have acted improperly in conducting a criminal investigation, it is good to look into the issue. This applies to a case in Tampa earlier this year in which police shot and killed a 29-year-old man during an unsuccessful drug raid.

The Tampa Police Department has apparently conducted an internal review of the incident and determined that officers acted properly in firing at the man, since they feared for both their safety and the safety of others given his actions. The man was immediately shot after he raised a weapon. Sources didn't indicate whether civil action will be taken in the case. Chances are any such case wouldn't get very far.

One of the big issues that can come up in police investigations is search warrants. The general requirement is that a warrant must be obtained before police conduct a search. The warrant must specifically state the objects of the search and where the search will be conducted. Several issues that can come up in this area are whether police actually conducted a “search,” whether any exceptions apply to a search police conducted without a warrant, and whether searches conducted pursuant to a warrant were conducted properly. Each of these is separate issues that can come up depending on the circumstances of the case.

It goes without saying that anybody facing criminal investigation for a drug crime should work with an experienced criminal defense attorney. This is especially the case when search and seizure issues arise.

Source:, “Internal review: Tampa SWAT team acted properly in fatal pot raid,” Peter Jamison, August 15, 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

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.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

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: 407-686-1696
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
Phone: 407-686-1696
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: 305-859-0046
Miami Law Office Map