Abandonment & Another “Garbage” Fourth Amendment Case

The Fourth Amendment to the United States Constitution (and therefore Article I, Section 12 of the Florida Constitution) aims to protect the people from unreasonable searches and seizures by the government.  In most cases, a  lawyer will try to identify a Fourth Amendment violation in hopes of arguing that its fruits (i.e. the drugs or weapons recovered) should be excluded from evidence.  A successful argument can be a fatal blow to most criminal prosecutions. Of course, like all rights, the Fourth Amendment's protections can be waived by our clients before we ever handle the case.  By far, the most common waiver-type situation is one where...

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