Motion to Suppress

A Motion to Suppress is a tool that is often used by a skilled Criminal Defense Lawyer to have a case thrown out. That said, most people do not understand what a Motion to Suppress actually is and when a Motion to Suppress is used. Usually, a Motion to Suppress is filed when a DUI or Drug lawyer believes the evidence was discovered unconstitutionally, in violation of an individual’s Fourth Amendment search and seizure rights. The most common grounds for a Motion to Suppress is when law enforcement stops a vehicle wrongfully. In order for the police to stop a person’s motor vehicle reasonable suspicion must be present, that is the cop must reasonably suspect that a crime or civil traffic violation has occurred or is about to occur. For example, a person who swerves outside of a traffic line once is not enough for a cop to reasonably suspect something is wrong; there must be a pattern of irregular or erratic driving. If a lawyer feels that the police made a mistake the Motion to Suppress may be filed to right their wrong, if the presiding Judge agrees that the contact, search, or means of law enforcement obtaining the contraband was wrongful that contraband will be suppressed as evidence. The best way to describe a Motion to Suppress evidence, is the Fruit of the Poisonous Tree Doctrine, if the tree is poison, so to is the fruit, if the stop or police conduct was bad so is the evidence they are using against you. Please see below an example of a redacted Motion to Suppress that was recently successful in Seminole County Juvenile Court, dealing with a drug dog and an illegal detainment of the children. As a result of the Judge granting Ryan’s motion, finding the detention was illegal, the State dropped all charges.

IN THE CIRCUIT COURT OF THE
18TH JUDICIAL CIRCUIT IN AND
FOR SEMINOLE COUNTY FLORIDA

JUVENILE DIVISION
CASE NUMBER: 20XX-CJ-XXXX
IN THE INTEREST OF:
XX
a Child/
_____________________

MOTION TO SUPPRESS

              COMES NOW, the Child, XX, by and through his undersigned attorney and files this his Second Motion to Suppress Evidence pursuant to Rule 3.190(h) of the Florida Rules of Criminal Procedure and moves this Honorable Court to suppress as evidence all indicia of any criminal offense or civil traffic infraction. The Child seeks to suppress evidence because there was an illegal detention of his person as protected by the Fourth Amendment to the United States: 

As grounds for this motion, the Child would show that the evidence mentioned above was obtained by law enforcement as a result of an unreasonable search and seizure in violation his rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 1, of the Florida Constitution.

1. The grounds upon which this motion is based is that Oviedo officers detained the Child unlawfully while waiting for a narcotics dog sniff of the vehicle where the Child was physically located.
2. The evidence sought to be suppressed includes all evidence used in the Child’s criminal prosecution obtained by law enforcement on October 5, 2013 by the Oviedo Police Department. 
3. The facts upon which this motion is based are:
   1. On October 5, 20XX at approximately 9:51 PM, the vehicle in which the Child was a passenger, was stopped for the offense of illegal tint.
   2. Subsequent to the stop, the Officer of the Oviedo Police Department requested permission to search the vehicle.
   3. The driver of the vehicle, co-defendant YY refused permission for law enforcement to search the vehicle, at which time law enforcement requested a K-9 unit. The Child was detained while awaiting the K-9 unit.
   4. While awaiting the K-9 unit, the driver of the vehicle was issued two citations for illegal tint on the front windows and rear windows.
   5. The K-9 unit arrived at approximately 10:20 PM, almost 30 minutes after the vehicle in which the Child was a passenger was first stopped.
   6. The K-9 alerted, the vehicle was searched, and the corpus of the charge against the Child was located by law enforcement.
   7. No other alleged criminal activity or civil traffic infraction occurred prior to the stopping of the vehicle.
4. The Child’s initial detention as well as his prolonged detention was done without benefit of a reasonable suspicion.
5. A canine search of the exterior of the vehicle must be completed within the time required to issue a citation. Eldridge v. State, 817 So. 2d 884, 887 (Fla.5^th DCA 2002).
6. Once a vehicle is stopped, law enforcement may conduct an investigation reasonably related to the circumstances that justified the traffic stop. See State v. Robinson, 756 So.2d 249 (Fla. 5^th DCA 2000).
7. Absent suspicion of criminal activity, the time a law enforcement officer takes to issue a citation should not last longer than is necessary to make any required license or registration checks…Maxwell v. State, 785 So. 2d 1277 (Fla. 5^th DCA 2001).
8. At the completion of a traffic stop, the only justification for continued detention is reasonable, articulable suspicion of illegal activity, here once the traffic stop ended there was no reasonable, articulable suspicion of illegal activity, hence the request for the canine.

WHEREFORE, the Child respectfully requests this Honorable Court grant this Motion to Suppress and suppress and/or exclude evidence from the trial of this matter as discussed herein barring the fruit of the Oviedo Police Department’s ever thorny and poisonous tree.

If you are arrested for a Dryg Crime or possession of Marijuana in Sanford, Lake Mary, or elsewhere and feel a Motion to Suppress may need to be filed, Contact Ryan for a free consultation.