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Illegal Search and Seizure Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Defense Attorney

Are You the Victim of an Illegal Search and Seizure?

Police investigations require a high level of oversight. Regardless of how much authority they seem to have, they still have restrictions on their behavior and methods. Sometimes, power goes to their heads, and they go beyond these boundaries.

The Fourth Amendment of our Constitution ensures protection from unreasonable police searches. Police cannot enter your home or go through your belongings without meeting very specific conditions. They can easily blur these conditions to suit their needs, leaving you with an unjustified arrest. From there, the case becomes a situation of your word vs. theirs.

If the police have overstepped their authority, resulting in your arrest, Attorney Evan M. Hoffman can help. Since 1998, he has helped defend Miami and Ft. Lauderdale residents against unlawful, illegal arrests. When the court disagrees with police methods, the case can be thrown out. Let our lawyer help you prove that you were victimized by an abuse of power.

If the police arrested you by using illegal search and seizure methods, contact The Hoffman Firm

today. You can reach us onlineor call us at (305) 928-1669.

Police Entering Without a Warrant

Police cannot enter a home without a warrant. In fact, any place that could be considered a habitat, such as an RV, requires a warrant before a search. Authorities will often try to intimidate residents into letting them in. They will claim that if they come back with a warrant, criminal penalties will be harsher, and it’s better for you to cooperate.

If the police appear at your home, you are under no obligation to allow them inside. They may choose to push past you. Don’t put up a fight, as they may use this against you. Let them through, and keep track of everything they do. Pay close attention to everywhere they go and everything they touch. These details will be important later.

No matter what they find, and no matter what they charge you with, stay quiet. You have a right to remain silent. This right is so important, you are reminded of it when arrested. Silently cooperate, and as soon as you can, call our office. Tell our lawyer exactly what happened, down to the smallest detail. The more information you can give, the stronger your defense will be later.

Police Claiming Probable Cause

In some situations, police can claim they had probable cause to conduct a search without a warrant. The problem is, they can stretch the definition of that term to fit their needs. Fueled by personal bias, assumptions, or an ugly prejudice, they break protocol and arrest you in the process.

Afterward, the case becomes a “he said/she said” situation. Whenever you interact with police, take note of every step they take. Then, call our office and tell Mr. Hoffman what happened. If there is a break in procedure, it can be used to defend you in court.

Police Exploiting Exceptions

There are exceptions to the rule. In very specific circumstances, police have the right to search a home without a warrant. Cops can take advantage of this fact, twisting the truth and the law to get their way.

Claiming Consent

If someone consents to a search, police have free reign to move forward. For this reason, you must remain silent. They can twist your words, using them as evidence of your consent. Sometimes, they will outright lie, claiming that you allowed a search you never agreed to.

Overstepping the “Plain View” Rule

Even with a warrant, police can go beyond their given authority. When conducting a legal search, anything that is in “plain view” can also be used in an arrest. Imagine cops have entered a home to arrest a suspected robber. Once inside, they clearly see a bag of cocaine on the table. This alleged robber can now have drug charges added to their arrest.

However, police are also given a limited amount of space to investigate. Let’s say, for instance, they suspect you of having a meth lab in your garage. Their warrant allows them to thoroughly search that space and only that space. After finding nothing, cops start wandering the home and find something in the bathroom. This is inadmissible evidence. They had no right to go beyond the boundaries of their search. If they do, you can hold it against them in court.

Searches During an Arrest

Once someone has been officially arrested, they can be searched for weapons. If police find anything else illegal on this person, they add that item to the arrest. However, they cannot go past the procedure of a standard pat-down. If they start asking you to remove clothing or start digging deeper into your space, they may be guilty of an illegal search. Keep note of anything that happens during a pat-down, and tell our defense attorney what happened.

If you believe the police are guilty of an illegal search and seizure in Miami or Ft. Lauderdale, call (305) 928-1669 today for a free consultation.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John

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Record Of Success

Aggressive Criminal Defense
  • Not Guilty Felony Sexual Battery

    Client was arrested for sexual battery and case went to trial. In less than 30 minutes the verdict was not guilty.

  • Not Guilty Felony Robbery

    Client was charged with armed robbery in Tallahassee. In less than an hour, the jury returned a verdict of not guilty.

  • Case Dismissed Possession of Marijuana

    We filed a motion to suppress the stop based upon an illegal search and seizure. The Judge ruled that the officer did not have probable cause to stop the client.