Tampa Marijuana Attorney – Motion To Suppress

A defendant was approached at his residence by two uniformed officers in marked police cruisers and told that the cops needed to talk to defendant about suspicious activity involving drug dealing. Appeals court ruled that the defendant’s actions in answering questions and producing bag of marijuana for officers were not voluntary. The Court found that acquiescence to show of authority was grounds to grant motion to suppress. Source: FLW Supp February 14, 2008.

Tampa Marijuana Attorney 

Complete Marijuana Search Opinion of the Court is found here.

Here is a series of Questions and Answers based upon the Court’s Ruling

How do Drug Enforcement Officers approach a house without a Search Warrant?

“The police received information that drug dealing might be taking place at a particular address and two uniformed officers went with their marked cruisers to investigate one Sunday morning at approximately 9:00 A.M. They knocked on the door and the defendant opened it, came outside, and closed the door behind him. One officer introduced himself and told the defendant they were there to talk about suspicious activity involving drug dealing.”

“During the conversation, which lasted about ten minutes according to the officer and about 30-45 minutes according to the defendant, the officer asked the defendant why someone would say he had suspicious activity at his house. The officer also asked the defendant if he used illegal drugs, the defendant said yes. The officer asked if the defendant used marijuana, the defendant replied yes. He said he bought it a week ago. The officer asked the defendant if he had any marijuana he could give him, the defendant said that he did.”

What are some issues that could lead to Dismissal of Drug Charges?

Police coerced the suspect into surrendering marijuana. In support of this claim use Kutzorik v. State, 891 So.2d 645 (Fla. 2d DCA 2005) (seizure near home – evidence suppressed) and Miller v. State, 865 So.2d 584 (Fla. 5th DCA 2004) (officers stopped the defendant and her companion as she was about to leave her home – evidence was suppressed).

What factors do courts consider in suppressing illegally seized drugs?

“[A}mong the factors it had to consider in its analysis were the place and time of the encounter, the number of officers, and the words and actions of the officer. No one factor is dispositive, but the court noted it was to consider the totality of circumstances of the encounter.”

What are the results of a successful challenge to an Illegal Search or seizure?

The judgment and sentence can be reversed, and this case sent back to the trial court judge, and the case will be dismissed.