Attorney Richard Ansara

May 26, 2025

Know Your Rights: When Can Fort Lauderdale Police Search Your Vehicle?

By The Law Offices of Richard Ansara, P.A.

Traffic stops are among the most common interactions between citizens and law enforcement in Florida. While most traffic stops end with a warning or citation, some escalate to vehicle searches that can lead to serious criminal charges. Our Fort Lauderdale criminal defense lawyers believe that understanding when police can legally search your vehicle is essential knowledge for every driver in Broward County.

The Legal Framework for Vehicle Searches

The Fourth Amendment Protection

The Fourth Amendment to the United States Constitution provides the fundamental protection against unreasonable searches and seizures:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

While this protection extends to vehicles, the U.S. Supreme Court has established that automobiles are subject to a reduced expectation of privacy compared to homes or persons, creating what’s known as the “automobile exception” to the warrant requirement.

Florida Constitutional Protections

Article I, Section 12 of the Florida Constitution mirrors the Fourth Amendment’s protections. However, it’s important to note that in 1982, Florida voters amended this section to conform with U.S. Supreme Court interpretations of the Fourth Amendment, meaning Florida courts generally follow federal search and seizure precedents.

When Police CAN Search Your Vehicle in Fort Lauderdale

1. With a Valid Search Warrant

Police can search your vehicle if they have obtained a valid search warrant from a judge. The warrant must specifically identify your vehicle and describe what the officers are looking for. However, given the mobile nature of vehicles, warrant-based searches are relatively uncommon in traffic stop situations.

2. With Your Consent

One of the most common ways police search vehicles is through voluntary consent. If an officer asks, “Do you mind if I take a look inside your vehicle?” and you agree, you’ve waived your Fourth Amendment protections.

In Florida, consent must be freely and voluntarily given to be valid. In the 1968 case of Bumper v. North Carolina, the Supreme Court established that consent obtained through deception or coercion is invalid. However, per the 1973 U.S. Supreme Court ruling in Schneckloth v. Bustamonte, police do not need to inform you of your right to refuse consent.

3. Probable Cause

Police may search your vehicle without a warrant or consent if they have probable cause to believe evidence of a crime is present. This exception has been consistently upheld by both federal and state courts.

Common scenarios that might establish probable cause include:

Visible contraband in “plain view” through your car windows
The smell of drugs (particularly marijuana)
Alert from a properly trained K-9 unit to the presence of narcotics
Information from a reliable informant

In the 1999 ruling of Maryland v. Dyson, the U.S. Supreme Court clarified that the automobile exception does not require exigent circumstances beyond the vehicle’s inherent mobility.

4. Incident to Lawful Arrest

If you are lawfully arrested, police may conduct a limited search of your vehicle’s passenger compartment if they reasonably believe it contains evidence related to the offense of arrest.

It’s worth noting that this exception was narrowed in 2009 by the U.S. Supreme Court in Arizona v. Gant. The court held that police can’t search a vehicle incident to arrest after the arrestee has been secured and can’t access the vehicle’s interior – unless it’s reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.

5. Inventory Searches

When police legally impound a vehicle, they may conduct an “inventory search” without a warrant or probable cause. This administrative procedure is meant to document the vehicle’s contents, protect against claims of theft, and identify potential dangers.

For an inventory search to be valid, it must follow standardized department procedures and cannot be a pretext for an investigative search. As noted in the 1981 Florida Supreme Court case of Miller v. State, inventory searches must be conducted in good faith for the purpose of protecting property, or else it may violate the 4th Amendment rights of the accused.

When Police CANNOT Search Your Vehicle

1. Based Solely on a Traffic Violation

February 3, 2024

Defense Attorney Richard Ansara Quoted by Sun Sentinel on Proposed Florida Stalking Law

By The Law Offices of Richard Ansara, P.A.

South Florida criminal defense attorney Richard Ansara was recently interviewed by the South Florida Sun Sentinel for an article about a proposed Florida bill that would increase the severity of stalking offenses involving the unauthorized use of wireless tracking devices. As a criminal defense lawyer representing South Florida clients accused of domestic violence, Richard Ansara is uniquely qualified to weigh in on proposed legislative change.

As it stands, F.S. 934.425 outlaws the unauthorized installation of tracking devices or tracking applications – including surveillance software on phones. With very few exceptions, you cannot install a tracking device on someone’s phone, computer, car, person, etc. without their consent. To do so is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

A new Florida bill would bump the offense up to a third-degree felony, which would make it punishable by up to 5 years in prison and a $5,000 fine.

Proponents of the law say the current law gives police little power to properly investigate complaints because they lack the authority to obtain a search warrant per F.S. 933.02 that could help ascertain who bought the device, downloaded the software, or is using the tracker to keep tabs on a victim. If the offense of unauthorized tracking were increased to a felony, then police would have greater authority to obtain a search warrant.

A big problem Criminal Defense Lawyer Richard Ansara has with that is it addresses the wrong thing. If the only reason to make unauthorized use of a tracking device a felony as opposed to a misdemeanor is so that police can obtain search warrants, it begs the question: Why not modify the law on search warrants? Why should the penalty for unauthorized use of a tracking device be substantially greater than for an actual physical assault on someone?

As Ansara told The Sun Sentinel:

“People do desperate things in relationships, specifically when they are trying to determine whether infidelity is occurring. Some may decide to drop an AirTag in a spouse’s vehicle and or clothing to try to get to the bottom of what is happening in their relationships. Is this correct behavior? No.

“Should this behavior be punished more harshly than someone who straight up punches their spouse in the face? Absolutely not. That person would only be charged with a misdemeanor battery.” Continue reading

February 27, 2023

Fort Lauderdale Criminal Defense Lawyer Explains Upside of “Withholding Adjudication” in Florida

By The Law Offices of Richard Ansara, P.A.

If you’re arrested in Broward County, you might qualify for a Florida criminal case outcome that involves “withholding adjudication.” As a Fort Lauderdale criminal defense lawyer can explain, this is a type of case outcome that isn’t a conviction – but it isn’t an acquittal or dismissal either. If you’re likely to be convicted, a judge’s decision to withhold adjudication can be a preferrable outcome. However, if you’re innocent and/or there’s strong evidence supporting your defense, it may not be in your best interest to agree to an outcome of withholding adjudication.

It’s really important if prosecutors offer a plea deal in a criminal case that involves withholding adjudication that you confer first with an experienced South Florida criminal defense attorney who can explain how this is likely to play out in your case, and whether it’s wise given the unique circumstances of your situation. There are many scenarios for which fighting the charges or agreeing to plead guilty to a lesser charge is actually your best option.

What Does It Mean to Withhold Adjudication?

Essentially, withholding adjudication is a means of suppressing judgment. Per F.S. 948.01, judges in Florida are empowered to withhold adjudication for certain offenses and certain defendants. A person whose case ends in the judge withholding adjudication will face some sanctions (which will include probation), but not a formal conviction (unless they violate certain terms of the agreement).

This option is generally extended in cases involving:

First-time offenders.
Individuals not likely to re-offend.
Victims who were not seriously injured.
Those NOT facing first-degree felony, life felony, or capital felony charges.
Defendant is NOT facing a third-degree domestic violence charge – unless the prosecutor has made a special request OR the court finds there are mitigating circumstances (per F.S. 775.08435).
Defendant is NOT facing a DUI charge.

Although adjudication withheld can technically be granted for those facing second-degree felonies and third-degree felonies, it’s generally unlikely unless there are mitigating circumstances and the defendant has no history of prior offenses.

Adjudication withheld does NOT mean that the charges have been dropped (i.e., a nolle prosequi). Only the state attorney’s office can do that. Furthermore, while it’s technically a means to avoid conviction, some out-of-state commercial and government organizations may not recognize a “withhold” issued in Florida. Instead, they view it akin to conviction. As to whether you’re required to disclose these cases in paperwork for employment, financial assistance, housing, etc., it depends on how the question is asked. If the question is, “Have you ever been arrested or charged with a criminal offense?” your answer may still need to be “Yes.” If the question is whether you’ve been convicted, you can safely answer “no,” at least where this specific charge is concerned.

It’s also worth pointing out that if the case for which you’re seeking to have adjudication withheld involves a civil traffic violation that you’re hoping won’t show up on your commercial driver’s license record: No dice. Federal law – specifically 49 CFR 384.226 – prohibits this.

Benefits to Adjudication Withheld in Florida

All that said, having a criminal conviction “withheld” can be a best-case-scenario alternative outcome in cases where there’s strong evidence to support conviction. Our Broward criminal defense attorney team will try to do all we can to advocate for adjudication withheld in cases where it makes good sense to do so. Continue reading

January 20, 2023

Dealing With a Florida DUI Arrest When You’ve Got Priors

By The Law Offices of Richard Ansara, P.A.

Any Florida DUI arrest carries the potential for hefty fines, driving restrictions, possible jail time – to say nothing of the impact it could have on your job, your personal relationships, and your reputation. Even so, the law – and to some extent, society – tends to treat first-time DUI offenders who haven’t hurt anyone as being largely redeemable – so long as you pay your dues, learn from your mistakes, and avoid making them again. However, if you’re arrested for a Florida DUI and it’s your second or subsequent offense, the consequences are suddenly a whole lot steeper. If you’re accused of being a repeat DUI offender is strongly advised to hire a good DUI defense attorney as soon as possible.

As our Broward DUI defense lawyers can explain, Floridians report a higher-than-average percentage of adult drivers who admit to driving after drinking too much. The Florida Department of Law Enforcement reports more than 29,000 drivers were arrested for DUI offenses in the Sunshine State in 2020 – down slightly from nearly 34,000 in 2019.

It’s estimated 1 in 3 people arrested for DUI in Florida is a “repeat offender” with prior offenses on their record. There are more than 113,000 people in Florida with at least 3 DUIs on their record. There are nearly 12,000 with five or more prior DUI arrests. Some of these individuals still retain their driving rights (though usually with limitations such as to-and-from work and with mandatory ignition interlock devices on their vehicles). Mothers Against Drunk Driving reports at least 300,000 motor vehicle trips every single day in this country involve an impaired driver. Of those, about 4,000 are arrested. Those with prior

The penalties for driving under the influence in Florida increase with every prior offense.

Consequences for Conviction of DUI in Florida – 1,st 2nd, 3rd+ Time Around

If you’ve had prior DUI convictions and are arrested again, you may think you “know the drill.” But you need to be prepared for police and prosecutors to take your case much more seriously. Sentencing guidelines will skew in favor of jail time and stiff fines.

As outlined in F.S. 316.193, penalties for DUI are as follows: Continue reading

December 15, 2022

How Do I Bail Someone Out of Jail in Fort Lauderdale?

By The Law Offices of Richard Ansara, P.A.

“I got arrested. I need you to bail me out.”

When you’re loved one has just been arrested in Fort Lauderdale, those words can make you feel as if you’ve just had the wind knocked out of you. Likely, you have lots of questions. But as our Fort Lauderdale defense lawyers typically advise, it’s best to not to ask for too many details over the phone while they’re still in jail, as they’re likely on a recorded line. The first order of business is figuring out how to bail them out as soon as possible.

What Exactly is Bail? Is it the Same as Bond?

The whole principle of bond is to assure that the defendant will return to court to answer for the allegations against them, rather than lose the money the court is holding in exchange. Note: The terms “bail” and “bond” tend to be used interchangeably. They’re similar, but bail is money given to the court, while bond is a loan the defendant or third party takes out to pay that bail.

Sometimes, defendants are given a summons – meaning they aren’t arrested or booked and do not need to pay any bail. Instead, they are released on their own recognizance and given a court date for which they are expected to appear for (or have a defense lawyer appear on their behalf). Other defendants may be booked, but then released on their own recognizance with a summons to appear in court. Others may be booked and then given an amount right away.

How Is Bail Amount Decided in Florida?

Each county in Florida has its own bond schedule. The bond schedule for the 17th Judicial Circuit in Broward County lists the following standard convenience bond schedule, depending on the type of offense:

Second degree misdemeanor: $25
First-degree misdemeanor: $100
Third-degree felony: $1,000
Second-degree felony: $3,500
First-degree felony (non-life): $7,500
First-degree felony (life): No bond
Capital offense: No bond

The exact amount can vary depending on the specific charge, and if the alleged offenses were attempts or solicitations (in which case, bond amount may be lower) or if the crime is one of violence (in which case, bond may be higher). Some offenses, like domestic violence, require the court to hold a hearing before bond can be issued. If the offense for which the defendant is arrested involves a violation of a protection order, they may be denied bond altogether and be held until trial. If a defendant is charged with several offenses arising from the same incident, the scheduled convenience bond will be set at the amount for the most serious offense.

By law, defendants are entitled to a bail hearing within 48 hours of arrest. However, that does not mean they’re guaranteed to be granted bail or released at all.

The process and cost for bailing or bonding someone out of jail can depend on: Continue reading

March 1, 2022

Broward Defense Lawyer Breaks Down Florida Criminal Case Process

By The Law Offices of Richard Ansara, P.A.

Navigating the Florida criminal case process is overwhelming for anyone arrested in the Fort Lauderdale area. Working with a dedicated Broward defense lawyer who knows the law, the local players, and the legal strategy most likely to help you prevail is essential.

That said, we do like our clients and their families to have a basic understanding of how the case is going to proceed from start to finish. It’s worth noting that this process is applicable to state-level cases, not federal. Further, every case is different. One thing they all have in common, though, is that studies show the sooner you hire an experienced criminal defense team, the more favorable the outcome. (One analysis found that criminal defense attorneys in one large city helped reduce the murder conviction rate of their clients by 19 percent and reduced the probability of their client receiving a life sentence by 62 percent. Overall time served in prison was reduced by 24 percent.)

Our battle-tested criminal defense team is prepared to go to bat for each and every one of our clients, whether they’re facing felony or misdemeanor charges.

Arrest and Notice to Appear

This marks the start of your Florida criminal case. If an office of the law (typically a police officer or sheriff’s deputy) has probable cause to reasonably believe you committed a crime, they can make an arrest. Sometimes, this is predicated on the basis of an arrest warrant that has been written and signed by a judge. Other times, it stems from evidence gathered while officers are patrolling or responding to specific calls for assistance. Continue reading

October 15, 2021

Exercise Your Right to Remain Silent Until You’ve Hired a Florida Criminal Defense Lawyer

By The Law Offices of Richard Ansara, P.A.

Cops can be intimidating. It’s fully intentional on their part. After all, it can be quite effective in terms of compelling suspects or persons of interest in criminal cases to talk freely during the investigation. But failure to exercise the right to remain silent until there’s a South Florida defense lawyer at your side can quickly cost your freedom. That’s not to say you won’t spend the night in jail if you stay mum. However, defendants almost always benefit long-term when they wait for defense attorney advice and advocacy.

You are probably familiar with the term “Miranda Rights” and “Miranda Warnings” and the paragraph that starts, “You have the right to remain silent…” They’re derived from the 5th and 6th Amendments to the U.S. Constitution. If an officer reads them to you, you are considered “Mirandized.” It stems from the 1966 case of Miranda v. Arizona, and the purpose is to ensure you are made aware that you do have the Constitutional right not to speak to the officer and to have your own attorney present on your behalf before you answer any questions.

What occurs only belated to a lot of criminal defendants is that these rights are in place before they are ever read aloud- or even if they are never read at all. Miranda is only applicable in custodial interrogations, meaning police don’t have to recite those rights every time they talk to or question someone. In fact, much of the evidence used against defendants in Florida courts are statements they made to authorities prior to formal detention or interrogation by police. It’s important to understand that voluntarily opting not to speak to police about a criminal matter is not a crime – no matter how much pressure you might feel. Continue reading

January 15, 2021

Defending Misdemeanor Firearm Charges in South Florida

By The Law Offices of Richard Ansara, P.A.

Firearm charges – even misdemeanors – should be taken seriously in Florida. Conviction could have a lasting impact on one’s ability to drive, secure employment and possibly rent in certain locations. As Fort Lauderdale criminal defense lawyers, we are committed to defending the rights of firearm owners who have found themselves facing gun and weapons charges.

A recent Florida transplant from Alabama was charged with several criminal misdemeanors after authorities reported he was driving while impaired with a loaded AR-15 on his lap. The Daily Mail reported the 20-year-old Clearwater resident was arrested for improper exhibition of a dangerous weapon (in violation of F.S. 790.10), drunk driving (in violation of F.S. 316.193). Continue reading

October 15, 2020

What to Consider Before Hiring a Fort Lauderdale Criminal Defense Lawyer

By The Law Offices of Richard Ansara, P.A.

If you’re searching for a great criminal defense lawyer, chances are you’re not in a great situation. That can make the process even more stressful. There are numerous important factors you need to consider, and it’s a good idea to make a checklist before reaching out to anyone.

The very basic checklist is to find a defense lawyer who is licensed to practice in Florida, has the qualities you’re seeking and can offer the attention to your case that it requires. Doing a little research can go a long way. Continue reading

June 1, 2020

Fort Lauderdale Defense Lawyers: Theft Charges Require Proof of Intent

By The Law Offices of Richard Ansara, P.A.

Proving misdemeanor or felony theft in Florida requires proof of intent to deprive the owner of his or her rights to the property. Grand theft, as outlined in F.S. 812.014 is the unlawful taking or using of property valued at more than $300. But as our Fort Lauderdale defense lawyers point out, one’s intent in taking or using that property is key.

That’s why prosecutors in Citrus County recently dropped two grand theft charges against a roofing contractor initially accused of defrauding customers by taking nearly $15,000 in deposits without completing the work he promised. As the prosecutor explained to a reporter from the Citrus County Chronicle, the state attorney’s office would have had to have shown that the defendant took the customers’ down payment and in turn used it all for personal financial gain – not simply for running his business. What the evidence showed, however, was that he used the money to buy materials and contract labor for the jobs, but did not follow through in completing them.

This might tend to show the contractor was a poor business manager, but not that he’d committed theft, as understood by Florida law. Continue reading