Callahan, FL Criminal Defense Law Firms & Lawyers

Next week is a short time, but try submitting a written request for additional time.  Take copies of all that you have done while retaining possession of originals.

The short answer is probably, " yes. " I assume by a "no-contact" order you mean a restraining order that prohibits a person from contacting another person either entirely or at certain locations. For example, defendants in criminal cases are often served with orders preventing them from contacting victims of the alleged offense. And in domestic violence cases, the allegededly abusive partner is often prohibited by court order from contacting the other partner or coming to the residence. If a person against whom a no contact order has been entered comes to your home, he is subject to being found in contempt of court and fined or jailed for having violated the court order. However, unless he acted in concert with the police who knew he was not allowed to come to your home, his actions are not those of the government which would trigger your fourth amendment rights. Police may apply for and obtain a search warrant when they have probable cause to believe that evidence of a crime is located in a specific location, such as a home. If the police were brought to your home initially by your partner, but you then gave consent for them to come inside, where they viewed incriminating items and then went to get a search warrant for the residence, this is probably okay. On the other hand, if the police came to your home with your partner, and entered without your permission at a time when your partner had no lawful right to be on the premises, his consent would not be sufficient to allow their entry, and then anything they saw could not be used later to support a search warrant. This is because evidence of illegal activity in plain view of the officers may be seized or used as the basis for a later search warrant only if the officer is rightfully in a position to view the items in the first place. If you have been charged or are expecting to be charged with a crime as the result of a search warrant being executed at your home, you should seek legal advice in your local jurisdiction . A complete answer to your question will depend on the specific facts of your case.