Charged With A Crime? We're Ready To Fight.
Can I Refuse to Have My Car Searched?
The U.S. constitution and amendments provide people with protection against searches that are considered unreasonable. While you are protected against illegal searches of your person, in many cases it also extends to vehicle searches. It is important to know that if a search was done illegally, any evidence found in the search cannot be used against you by the prosecutor.
Consent to Search
If you are stopped for a traffic violation, the police may ask if you will allow them to search your vehicle. You have the right to refuse to consent to a vehicle search. The police are not required to inform you of your right to refuse. If you do agree to the search it is considered voluntary on your part. This means that you have given permission for the officer to search your car. Keep in mind that you can change your mind and stop the search at any time.
Probable Cause
A member of law enforcement may search your vehicle without your consent if they have probable cause. Probable cause means that the officer has reason to believe that there may be something of an illegal nature in your vehicle. For example, the officer may see something illegal on the seat during a traffic stop. This may be enough for probable cause to search your car.
Search with Arrest
If you are arrested, the police are legally able to search you as well as the immediate area, such as the vehicle where you were sitting. This applies only if you were arrested. If you are stopped for a traffic violation, without an arrest, your vehicle cannot be legally searched without your consent. If arrested, your entire vehicle may be searched.
Was My Search Legal?
Many people wonder if the search of their vehicle was done legally. If evidence was taken in an unlawful vehicle search it may not be used in court. This can have a significant impact on your case. If you have been arrested due to evidence found in a vehicle search it is important to speak with an experienced criminal attorney as soon as possible. Your lawyer will review the case and determine whether the evidence was taken legally. Although the case against you may continue, any illegally obtained evidence cannot be used, so the case may be weak. Contact your lawyer as soon as possible to help you resolve your situation.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
