PLEASE WATCH #HABERPA'S VIDEOFAQ # 387) What happens if my Search was illegal? @ https://youtu.be/hscFFk1OZPA
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 387) "What happens if my Search was illegal?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 387 discusses illegal searches and goes like this:
"Thanks for asking me “What happens if my Search was illegal?”
Please, pretty please even, start with this premise:
There’s a time, a place and a person for everything, and when it comes to being searched by a police officer - be it your person, your property or both - if you decide to argue with a cop, in the moment and on the scene, as to the legality of the search, well let’s just say that that’s a really, really bad idea.
Not only will you be unsuccessful in convincing the cop that “these are not the droids that you are looking for”, but you’ll also generate evidence in the form of admissible statements which, even if they’re not incriminating are almost certain to be prejudicial to your interests, and you’ll also run the very real risk of being held in “Contempt of Cop” and picking up “Gratuitous Charges”.
That said, if you believe that the police exceeded either their constitutional authority or their judicial mandate - meaning that the cops either conducted an illegal, warrantless search, or that they surpassed the parameters of a duly issued warrant, or even if you believe that the warrant itself was illegally obtained by some police misconduct, be it fabricated probable cause, intentionally omitted material facts... whatever - then an “after-the-fact” challenge is not only possible but it’s prudent.
I started this VideoFAQ by saying that there’s a time, a place and a person for everything, and when it comes to searches the time is after-the-fact, the place is in a courtroom and the person is your criminal defense lawyer. If there’s a good faith basis upon which to levy a challenge to either a warrantless search and or to either the issuance or the execution of a warrant, then your lawyer will prepare a legally sufficient motion, electronically file it, serve it on all relevant parties, calendar it for hearing (with sufficient time for all other parties to respond and appear) and then litigate the Hell out it.
Whether you win, lose or draw one thing is for certain: if you follow this prudent path then you’ll likely avoid being held in “Contempt of Cop” and picking up “Gratuitous Charges”."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 387) "What happens if my Search was illegal?", which you can watch at the following URL: https://youtu.be/hscFFk1OZPA
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 387, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
YT: www.youtube.com/c/MichaelHaberLaw
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X: www.twitter.com/Sharky910
WWW: www.criminallaw.miami
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
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https://www.youtube.com/c/michaelhaberlaw / @Sharky910 /
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