Clearwater Search and Seizure Rights Lawyer
If you’ve been subjected to an illegal search by law enforcement in Clearwater or anywhere in Pinellas County, your constitutional rights may have been violated. Unlawful searches can lead to the discovery of evidence that prosecutors will try to use against you—but with the right Clearwater search and seizure rights lawyer, that evidence may be suppressed and your case could be dismissed.
At Hersem Law, we fight for individuals whose Fourth Amendment rights were violated during stops, searches, or arrests. Whether your case involves drug trafficking, possession of illegal drugs, or any other criminal offense, we are here to protect your rights, challenge the search, and defend you from unjust prosecution.
Know Your Rights Under the Fourth Amendment
The Fourth Amendment to the U.S. Constitution protects all individuals from unreasonable searches and seizures by police officers and other law enforcement personnel. This means police must generally have a warrant, consent, or probable cause to conduct a search of your person, vehicle, home, or property.
A search may be illegal if:
- There was no valid search warrant
- There was no consent and no legal basis to search
- The search went beyond the scope of the warrant
- The police lacked reasonable suspicion or probable cause
- You were detained or arrested without cause
- Your fifth amendment rights (including the right to remain silent) were ignored
At Hersem Law, our criminal defense attorneys know how to examine every aspect of your search and seizure incident to determine if the law was followed—and if not, we take immediate steps to have illegally obtained evidence thrown out in court.
What Happens if Your Fourth Amendment Rights Were Violated?
If your rights were violated through an illegal search, the criminal charges against you may be weakened—or even dismissed entirely. We may be able to argue that the evidence should be suppressed, meaning it cannot be used at trial.
Suppression of evidence often results in:
- Charges dropped
- Charges reduced
- A stronger position for negotiation of a plea agreement
- A better opportunity to pursue a not guilty verdict at trial
We represent individuals in Clearwater criminal cases involving everything from drug crimes and theft to fraud, felony charges, and possession of a controlled substance. No matter the crime you’re accused of, our goal is to prevent serious consequences and protect your future.
Common Search and Seizure Issues in Clearwater Cases
Many of our clients come to us after being searched during traffic stops, at their homes, or even on the street. Some are accused of having drugs, weapons, or stolen property—but in several cases, the search leading to the arrest was not lawful.
Common issues we address include:
- Illegal searches of vehicles during routine traffic stops
- Home searches conducted without a valid warrant or consent
- Unlawful pat-downs or personal searches
- Overbroad or expired search warrants
- Evidence seized without the required level of probable cause
We’ve seen police use intimidation or misinformation to gain consent for searches—or conduct searches under the guise of officer safety without a proper legal basis. Our job is to challenge these actions in court and expose any constitutional violations.
A Skilled Criminal Defense Attorney on Your Side
Our Clearwater criminal defense lawyers are committed to protecting your rights and ensuring the criminal justice system holds law enforcement accountable when they overstep their bounds.
Here’s how we can help:
- Review the investigation and the legality of the search
- Challenge the evidence through suppression motions
- Advocate for your legal rights from start to finish
- Represent you in federal court or state court, as needed
- Help you understand all your legal options
Our criminal defense attorneys work closely with every client to build a strong case strategy. Whether you’re facing criminal charges for possession, felony theft, or alleged criminal activity involving illegal drugs, our team is here to fight for you.
Serving Clients Across Clearwater and Pinellas County
We represent clients throughout Clearwater, Florida, and the greater Tampa Bay region. If you’re facing criminal charges or believe your constitutional rights have been violated, we offer a free consultation to review your case.
With an experienced criminal defense attorney by your side, you don’t have to face the justice system alone. Our law firm will work tirelessly to challenge improper police conduct and seek the best outcome for your case.
Learn more about Clearwater Search and Seizure Rights Lawyer. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
Clearwater Search and Seizure FAQs
What makes a search illegal under Florida law?
A search is illegal if conducted without a warrant, consent, or valid probable cause. If your Fourth Amendment rights were violated, your attorney may be able to suppress the evidence.
Can police search my car without a warrant in Clearwater?
Only under certain conditions—such as probable cause, your consent, or a visible illegal substance. Otherwise, the search may be unlawful.
What should I do if I believe the police searched me illegally?
Do not resist, but contact a criminal defense lawyer immediately. We can review the search and seizure and argue for the exclusion of evidence in court.
What happens if evidence was collected through an illegal search?
The prosecution may not be able to use that evidence against you. This can lead to charges dropped, reduced charges, or dismissal.
Do I have to let police search my home or phone?
No. You have the right to remain silent, request a lawyer present, and decline to give consent unless the officers have a valid search warrant.
