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What would happen to searches and seizures in Florida if the USSC got rid of the 4th Amendment exclusionary rule?

Miami, FL |

In light of Art. 1 Section 12 of the Florida Constitution and Florida Statutes 933.04 and 933.19, what would happen if the USSC got rid of the 4th Amendment exclusionary rule, and there was cocaine seized at a traffic stop where there was no probable cause or articulable reasonable suspicion for the stop?

Attorney Answers 4


  1. If SCOTUS did away with the exclusionary rule, the only remedy would be to sue for a civil rights violation (good luck with that).


  2. Also not in the habit of answering hypothetical questions for law students. Go to the library. Research the question of whether the exclusionary rule for imporperly siezed items is federal, state or both

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  3. 'A' for giving it a shot though!

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  4. There is a lot to be said for doing your own course-work. Avoiding allegations of breach of academic integrity is just one of the things to be said.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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