Unlawful Search Warrant Lawyer
Protecting Your Fourth Amendment Rights: Expert Defense Against Unlawful Search Warrants
At the Matassini Law Firm, we are dedicated to defending your constitutional rights. The Fourth Amendment protects you from unreasonable searches and seizures, but what happens when those rights are violated? If you’ve been the target of an unlawful search warrant, our experienced unlawful search warrant lawyers are here to fight for you. Nicholas G. Matassini is Board Certified in Criminal Trial Law and has over 20 years’ experience in State and Federal courts.
Why Choose Matassini Law?
- Proven Success in Criminal Courts: Nicholas G. Matassini has won several significant motions to suppress over the years getting evidence and charges thrown out of court, including one based on Florida’s Wiretap law.
- Specialized Expertise: Our Tampa criminal attorneys have extensive experience in Fourth Amendment defense, ensuring your rights are protected against illegal searches and seizures.
- Aggressive Defense Strategies: We scrutinize every detail of the search warrant and the procedures used by law enforcement to identify violations and build a strong defense.
- Comprehensive Support: From the moment you contact us, we provide comprehensive legal support, guiding you through the complexities of your case with dedication and professionalism.
What does the law say?
Florida law, which in many respects mirrors Federal law on this matter, requires police to meet several requirements to obtain a search warrant, which is a written order allowing them to search a location for evidence of a crime:
- Good faith: The request must be made in good faith
- Probable cause: Police must provide enough evidence to convince a reasonable person that criminal activity is likely and that evidence can be found at the location
- Neutral official: A neutral official must issue the order
- Reasonable and necessary: The court will only issue a warrant if the search is considered reasonable and necessary
- Specific: The warrant must clearly specify who and what is to be searched, and what items are to be seized
The warrant must also include the following elements to be legally acceptable:
- The name of the person being searched
- A description of the premises or item to be searched
- The grounds that justify issuing the warrant
- Detailed descriptions of any property to be seized
- An inventory of items seized
- A provision for duplicate service
- Incorporation of the affidavit into the warrant
Florida Statute § 933.07 codifies issuance of search warrants. The time it takes to issue a warrant depends on several factors, including whether the officer can request an electronic warrant, which can sometimes be obtained within hours. In most cases, however, it takes a few days.
Common Issues with Search Warrants
- Lack of Probable Cause: Challenging warrants issued without sufficient evidence or justification.
- Improperly Executed Warrants: Identifying procedural errors during the execution of the search.
- Overbroad Warrants: Contesting warrants that exceed the scope of what is legally permissible.
- Violation of Privacy: Defending against searches that infringe upon your reasonable expectation of privacy.
Our Commitment to You
- Free Initial Consultation: We offer a no-obligation consultation to evaluate your case and discuss your legal options.
- Affordable Rates: We provide competitive pricing and flexible payment plans to make expert legal defense accessible.
- 24/7 Availability: Legal issues can arise at any time. Our team is available around the clock to assist you.
Protect Your Rights
If you believe your Fourth Amendment rights have been violated through an unlawful search warrant, don’t wait to seek legal assistance. Our attorneys win and Matassini Law is ready to defend your rights and ensure justice is served. We fight for our clients throughout the Tampa Bay area.
Contact Our Award-Winning Criminal Law Firm Today
Since 1976, the Matassini Law Firm has been protecting the accused throughout the investigation and prosecution process and we will fight to get your search warrant dismissed with novel ideas, persuasive arguments, and on-point legal research. Hire a Board Certified criminal lawyer today!