Yes—under the right circumstances, drug charges in Florida can be reduced or even dismissed if the police obtain evidence through an illegal search or seizure. Under the U.S. Constitution and Florida law, you have the right to be free from unlawful searches and seizures. When law enforcement oversteps those boundaries, whether during a traffic stop, a home search, or an arrest, any evidence they obtain may be deemed inadmissible in court.
In many drug cases, the entire prosecution depends on that evidence. If it’s thrown out, the case can fall apart. This process, called suppression of evidence, can result in reduced charges or, in some cases, a complete dismissal.
If you believe evidence in your case was obtained illegally, contact us for a free and confidential consultation. Our team at Hager & Schwartz, P.A. is available to review your case and explain your options.
What Is an Illegal Search and Seizure?
The Fourth Amendment to the U.S. Constitution guarantees that everyone has the right to be safe in their home, vehicle, and personal belongings from unreasonable searches and seizures. Police officers cannot violate your privacy without a valid legal reason. Florida law reflects these federal protections, requiring law enforcement to follow strict rules when investigating suspected crimes.
A search occurs when officers inspect your property, person, or belongings for evidence of a crime. A seizure happens when they take property—or detain a person—based on that evidence. In both cases, law enforcement must have probable cause, meaning some objective facts or circumstances would lead a reasonable officer to believe a crime has been committed or that evidence can be found.
Probable cause can arise from observable evidence, reliable tips from informants, or a suspect’s own statements. However, any search or seizure might be unlawful without this justification or a valid warrant.
Common examples of illegal searches include:
- Police searching a vehicle without consent or probable cause.
- Officers entering a home without a warrant or exigent (urgent) circumstances.
- Detaining someone without reasonable suspicion of a crime.
Florida law further details these protections. Under Chapter 901, officers must follow proper arrest procedures, and under Florida Statute § 933.02, judges can only issue search warrants based on legitimate, sworn evidence that a crime has occurred. When these requirements aren’t met, any evidence found can often be challenged in court.
How Can Illegally Obtained Evidence Be Suppressed?
When law enforcement violates your constitutional rights, the most effective tool a defense attorney can use is a motion to suppress. This formal request asks the court to exclude—or “suppress”—evidence obtained unlawfully, which means it cannot be used against you at trial. In drug cases, this often includes the drugs themselves, statements made to police, or other physical evidence found as a result of an illegal search or seizure in Volusia County.
Under Florida Rule of Criminal Procedure 3.190(g), your drug possession lawyer can file a motion to suppress before trial, outlining why the evidence should be excluded.
The motion might argue that:
- Police conducted a warrantless search or searched without probable cause.
- The warrant itself was defective or obtained under false pretenses.
- Officers exceeded the scope of the warrant or failed to follow required procedures.
- The search or seizure violated your Fourth Amendment rights in Florida.
Once the motion is filed, the court conducts a hearing where both sides present evidence and arguments. If the judge finds the search or seizure unconstitutional, the evidence is completely excluded from the case. Without that evidence, prosecutors often have no choice but to reduce the charges or, in some cases, dismiss them entirely.
Can All Drug Charges Be Dismissed if Evidence Is Suppressed?
Not every case will automatically be dismissed because of suppression of evidence for drug charges, but it can significantly change the outcome. The crucial factor is how vital the suppressed evidence is to the prosecution’s case. If the drugs, paraphernalia, or incriminating statements were the main basis for the charges, removing them often leaves the State with little to pursue. In such cases, dismissal is not just possible—it’s likely.
However, if the prosecution still has other legally obtained evidence, such as credible witness testimony, video footage, or admissions made outside the illegal search, the case may proceed, though often in a much weaker form. Suppression doesn’t always end a case immediately, but it can shift the balance of power and open the door for reduced charges or favorable plea negotiations.
Judges in Volusia County carefully review each motion to suppress, considering the facts, law enforcement behavior, and the overall evidence. That’s why it’s crucial to work with a trial-ready attorney who knows how to challenge unconstitutional searches and understands how suppression fits into the broader defense strategy.
What Should You Do if You Think Your Rights Were Violated During a Drug Arrest?
If you believe police violated your rights during a drug stop, search, or arrest, the most important thing you can do is stay calm and protect yourself legally. Your choices immediately after an arrest can have a long-lasting effect on your case and future.
First, avoid discussing the details of your case with law enforcement or anyone else until you have spoken with an attorney. Anything you say can be used against you, even harmless comments. Politely refuse to answer questions and clarify that you want to talk to a lawyer.
Next, record everything you remember about the incident. Write down where and when the stop or search occurred, what the officers said, whether they had a warrant, and any witnesses who might have been present. These details can be crucial when assessing whether the search was lawful.
Finally, contact a Daytona Beach drug defense lawyer right away. An experienced attorney can review police reports, videos, and warrants to see if your Fourth Amendment rights were violated. If they were, your lawyer could file a motion to suppress drug evidence and contest the prosecution’s case from the beginning.
Why You Need a Skilled Daytona Beach Drug Defense Attorney
When your future is at stake, choosing the right attorney is crucial. Drug cases in Florida are pursued aggressively, and prosecutors often depend heavily on evidence gathered during searches or arrests. You need a defense team skilled at challenging that evidence and understanding how prosecutors think and build their cases.
At Hager & Schwartz, P.A., our founding attorneys are former state prosecutors who have spent decades on both sides of the courtroom. This experience gives us a distinct advantage, allowing us to anticipate the prosecution’s strategies, identify weaknesses in their case, and develop defense approaches to pursue favorable outcomes for our clients.
We are prepared from day one, approaching every case as if it will go before a judge and jury. Our strategies are not one-size-fits-all; each client gets a custom defense tailored to the specific facts, evidence, and circumstances of their arrest.
We also recognize how stressful and uncertain this process can be. That’s why we provide 24/7 availability, free consultations, and direct access to our attorneys, including our personal cell numbers, so you’re not left waiting for answers. From the moment you contact our office, you can trust that your case will be handled with the urgency, discretion, and care it deserves.
Contact Hager & Schwartz, P.A. for a free and confidential consultation. Our Daytona Beach drug defense attorneys are available to protect your rights and fight for your future.
