“Without probable cause, there is no justice—only assumption masquerading as authority.”
— Carolle El-Naffy, Esq.
“They didn’t even have a reason to arrest me!”
If you’ve ever thought this or heard it from someone arrested in Florida, it likely comes down to two critical words: probable cause.
In Florida—and throughout the U.S.—probable cause gives police the legal basis to arrest someone, search property, or seize belongings. It’s not a hunch or gut feeling. It requires factual justification, though not as much as the evidence needed for a conviction in court.
Let’s break down what probable cause means in Florida, why it matters, and how you can respond if law enforcement violated your rights.
Understanding Probable Cause Under Florida Law
Florida law defines probable cause as a reasonable belief, based on the facts and circumstances, that a person has committed a crime. Officers must rely on objective evidence, not bias or instinct.
How Officers Use Probable Cause in Florida
Police rely on probable cause to arrest individuals, conduct searches, and request warrants. Here are common examples:
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DUI Arrest: An officer observes a driver swerving and detects the odor of alcohol—this provides grounds to suspect impairment.
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Drug Search: If drugs are visible during a traffic stop, it may justify a search of the vehicle.
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Burglary Arrest: A witness identifies a suspect matching your description near a crime scene—this could support an arrest.
Officers must explain these actions using clear and documented facts.
What Happens When Police Lack Probable Cause?
When police make arrests or gather evidence without probable cause, that evidence may not hold up in court. The exclusionary rule prevents courts from using evidence obtained illegally, thereby protecting your Fourth Amendment rights.
As a result:
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Judges may suppress key evidence
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Prosecutors might drop or reduce charges
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Courts could dismiss the entire case
A strong legal defense begins by examining whether law enforcement followed proper procedure.
The exclusionary rule is a legal principle in the United States that prevents evidence obtained illegally—in violation of a person’s constitutional rights—from being used in court.
🔹 In plain terms:
If police gather evidence by violating your Fourth Amendment rights (like conducting an unlawful search or arrest without probable cause or a warrant), that evidence is “excluded”—meaning it cannot be used against you at trial.
🔹 Why it matters:
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It protects individuals from unlawful police actions.
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It ensures law enforcement follows the Constitution.
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It can lead to dismissal of charges if critical evidence is thrown out.
🔹 Example:
If police search your home without a warrant or your consent, and find illegal drugs, those drugs may not be admissible in court—because they were obtained in violation of the law.
Would you like this defined in a way suitable for Carolle El-Naffy’s audience or newsletter?
How El-Naffy Law Exposes Flaws in Probable Cause Claims
At El-Naffy Law, we thoroughly investigate every detail, rather than blindly trusting police reports. Our team reviews:
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Body camera footage
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Witness interviews
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Police conduct and potential biases
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Gaps or contradictions in the timeline
We’ve helped clients walk free because officers failed to meet legal requirements.
If police arrested you without justification, we’re here to fight back. Schedule a confidential consultation with El-Naffy Law today. We’ll uncover the truth and protect your rights.
Call our Office: (305) 456-7576
By Appointment Only: 75 Valencia Ave • Suite 800 • Coral Gables, FL 33134
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