Search and Seizure Concerns in Firearm Possession Charges

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8th May 2015

Miami and South Florida can develop into a difficult jurisdiction when it comes to defending a firearm charge due to the lack of clarity in the State as to what is permissible in how, where and when it is permissible to carrying a firearm.  While a qualified person (people with felony conviction, on probation or having a pending domestic violence injunction cannot possess a firearm) is permitted to possess a gun, that freedom is not absolute.  The right to possess a firearm is balanced off to safeguarding law enforcement officers.  When being transported, guns must be securely encased usually either in a holster or in a locked contented.  Keeping a gun in a waistband under a car seat or between car seats places that gun in a concealed position (concealed from the view of law enforcement) and carries a felony punishment of up to five years.

Although American citizens are usually entitled to privacy and freedoms, those rights are not without limitations.  For a variety of reasons, law enforcement may claim a right to search a person, car or residence.  The Fourth Amendment of the United States Constitution addresses the issue of “search and seizure”.  To determine if a person’s constitutional rights were violated during a search will necessitate the valuable advice of a highly trained and qualified criminal defense attorney who will know how to identify procedural violations and safeguard such rights.

If you believe that law enforcement abused your rights in a search and seizure it is necessary to consult with an attorney.