What many people fail to realize is that all citizens of the United States have a Fourth Amendment right against illegal searches created by the U.S. Constitution, and any evidence that comes from an illegal search may be suppressed at trial. Florida’s constitution in Article I, Section 12, creates state law that mimics and reiterates the U.S. constitution. Evidence can only be suppressed if it is obtained from an illegal search of a person or a person’s property.
So what is an illegal search?
The Fourth Amendment of the U.S. Constitution limits the power of police to make arrests, to search people and their property, and to seize objects and contraband. This amendment forms the cornerstone of search and seizure law.