When you are facing criminal charges in Florida, the evidence that law enforcement and prosecutors use against you is critical. But in some cases, the defense can challenge whether that evidence was legally obtained. This is where the process called a “motion to suppress” comes into play. Understanding how and why evidence may be suppressed can be vital if you or someone you know is accused of a crime in West-Central Florida.
What Is a Motion to Suppress in Florida?
A motion to suppress is a legal pleading filed by your defense attorney asking the court to exclude certain evidence from being used at trial. The basis for this request is usually that the evidence was obtained in violation of your constitutional rights. For example, if the police conducted an illegal search, seized property without a warrant, or interrogated you without reading your Miranda rights, your attorney may request that the resulting evidence be suppressed.
Filing and arguing a motion to suppress often involves presenting detailed arguments and evidence to a judge. The judge may hold a hearing, listen to testimony, and review documents before deciding whether the law was violated and whether the evidence should be excluded.
Types of Evidence That May Be Challenged
Several forms of evidence are commonly challenged in Florida courts. Suppression can apply to:
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Physical evidence, such as drugs, weapons, or other property seized during an arrest
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Statements made by the accused to law enforcement, especially if given involuntarily or without proper Miranda warnings
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Results of field sobriety or breathalyzer tests in DUI cases
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Electronic evidence, including cellphone data and computer files
Suppression may be sought if the evidence was obtained without probable cause, without a warrant, or as a result of an unlawful stop and frisk. For instance, if Lakeland police conduct a traffic stop without reasonable suspicion, any evidence gathered as a result could potentially be thrown out.
Unlawful Searches, Seizures, and Interrogations
Florida and federal law provide strong protections against illegal searches and seizures. The Fourth Amendment of the U.S. Constitution and Section 12 of the Florida Constitution require that police generally obtain a warrant, supported by probable cause, before searching your property. There are exceptions, but these are strictly interpreted by courts in Tampa, St. Petersburg, and throughout the state.
If police officers search your vehicle in Pinellas County without a valid reason, an attorney may argue a motion to suppress any physical evidence found. Similarly, if you are questioned by law enforcement in Hillsborough County without being advised of your right to remain silent and consult a lawyer, your statements may not be admissible in court.
How Does Suppressed Evidence Affect Your Criminal Case?
When evidence is suppressed, it cannot be introduced at trial by the prosecution. This can make it harder, or sometimes even impossible, for the State Attorney’s Office to prove its case beyond a reasonable doubt. For example, if a major piece of evidence in a drug trafficking case is thrown out due to an improper search by St. Petersburg police, the prosecution may decide to drop or significantly reduce the charges.
Judges in West-Central Florida take suppression motions seriously because improper police conduct can have a major impact on individual rights and public trust in the justice system. In some cases, successfully suppressing evidence can result in the dismissal of charges or can be leveraged during plea negotiations.
Speak With a Local Criminal Defense Attorney About Suppression Issues
If you are dealing with criminal charges in Tampa, Lakeland, or St. Petersburg, and you believe your rights may have been violated, your next step should be to consult a skilled legal professional. Dickstein Law handles complex criminal defense cases, including those involving motions to suppress and other pre-trial defenses. Call (813) 285-9074 or fill out our online form to schedule a confidential case evaluation in West-Central Florida.