Fort Lauderdale police were in hot pursuit recently when they spotted two men running to a local business before entering the store, both of whom had been identified by a reported attempted burglary victim to the Fort Lauderdale police. They were identified by an attempted burglary and theft victim as two members of a group of four individuals who had recently stolen a purse from her vehicle at a nearby park.
The victim who called the police stated a suspect had attempted to enter her apartment with a key that had been located in her stolen purse, and also thought that they had tried to enter the residence on previous occasions. The purse also contained personal identification, which listed her residence. Luckily, the reported victim’s husband is a locksmith, and the first order of business following the purse robbery was changing locks to their home.
The police entered the business, a Family Dollar Store, and ordered everyone else to leave. The police then implemented a take down on the two suspected burglars. While both suspects were arrested, their names were not immediately released. Identification of the suspects by the victim was not complete at the time the story was reported.
There are several legal issues at play here for these potential defendants. While the act of the two men entering the Family Dollar Store is captured on video, the identity of the the four men who had allegedly stolen the purse is merely a personal identification by the accusing victim. Even if a key is confiscated that would fit the previous apartment lock, there is still considerable doubt that the accused defendant had attempted to enter the residence previously.
In addition, there may be a lack of reasonable suspicion for probable cause if the suspect merely possessed a key, meaning the potential for an illegal search claim by a Fort Lauderdale criminal defense lawyer is present. All evidence in a criminal charge must meet the rules of evidence admission, and an experienced Fort Lauderdale burglary defense lawyer understands how to craft a strong defense to the charges that must be proven beyond a reasonable doubt, and that the named defendant is the actual person who committed the criminal offense.
Always remember that the state is not entitled to a conviction in any criminal case, and having in solid Fort Lauderdale or Miami criminal defense attorney can make a major difference in the final outcome of a criminal charge. If you or anyone you know has been in a similar legal situation you should contact our law firm at Ken Hassett & Associates at any of our locations in the Fort Lauderdale/Miami Dade County area.