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Miami Criminal Defense > Miami & Florida Criminal Defense FAQ Videos > Is there any way to fight back if I am arrested after an illegal search?

Is there any way to fight back if I am arrested after an illegal search?


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Video Transcription

The Fourth Amendment to the United States Constitution and the Florida Constitution protects all of us against illegal searches and seizures. The answer is yes, you can’t fight back effectively but we can as your criminal defense attorneys. We file what’s called the motion to suppress. It’s a motion to suppress or to keep the evidence illegally seized from being used in the case against you. A motion to suppress is a very, very important motion that needs to be properly investigated and prepared. Once it’s filed, a hearing takes place, in which we litigate the issue, we call witnesses, and we argue the law to the judge to show how the search was illegal.

Illegal searches happen all the time in the United States and in the state of Florida. They happen by federal authorities and they also take place by local police and by state police. It’s essential that an experienced criminal defense attorney represent you so that you can be protected from evidence being used against you after an illegal search and seizure.

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