But what happens when officers conduct a search without a search warrant anyway? Upon the filing of a motion to suppress all evidence discovered incident to a warrantless search a Judge will hold a suppression hearing to look at the circumstances of the search. The Judge will look to see if you gave consent to the search and for what are known as exigent circumstances.
|Quixotic Motion to Suppress|
But officers in Florida are taught to look for evidence of crime, that's what good officer's do. So an officer who is given permission to search your home, business records, computer hard drive, cell phone, or vehicle will always conduct a search because he has nothing to lose. Some officers have been known to enhance the likelihood of evidence being found with search and seizure throw bags. If an officer should find any evidence of criminal conduct the evidence will not be suppressed by a judge.
As you can imagine it's a tempting solution for some law enforcement officers to falsely state that there was consent to a search in the police report and falsely testify at the suppression hearing that consent to search was given when it wasn't. You'll want a Clearwater Criminal Defense Attorney to demand discovery, file a motion to suppress and establish for the Judge that you, not the officer, are being truthful at the suppression hearing.