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

Asked about 1 year ago - 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. Harry Edward Hudson Jr

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. Richard Earl Hornsby

    Pro

    Contributor Level 17

    3

    Lawyers agree

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

  3. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    Answered . '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... more
  4. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
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