Suppressing Evidence Improperly Seized
– by Your Tampa Criminal Defense Attorney, Daniel J. Fernandez
If you have been arrested and evidence was seized as a result of the arrest you are entitled to a suppression hearing to determine whether the evidence was properly seized. In many cases, a law enforcement officer will improperly seize evidence after a warrantless arrest, without probable cause. At a suppression hearing, the State bears the burden of establishing that the evidence was legally seized.
ILLEGAL DETENTION AND ARREST
Any evidence obtained as a result of an illegal detention and arrest must be suppressed pursuant to the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution. The Fourth Amendment to the United States Constitution states that the people have a right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
POLICE-CITIZEN ENCOUNTER
There are essentially three levels of police-citizen encounters. The first level is considered a consensual encounter and involves only minimal police contact. During a consensual encounter a citizen may either voluntarily comply with a police officer’s requests or choose to ignore them. Because the citizen is free to leave during a consensual encounter, constitutional safeguards are not invoked.
The second level of police-citizen encounters involves an investigatory stop. At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. In order not to violate a citizen’s Fourth Amendment rights, an investigatory stop requires a well-founded, articulable suspicion of criminal activity. Mere suspicion is not enough to support a stop.
The third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed.
Where an officer stops and detains an individual, and he is not told that he is free to leave, or given the option to either voluntarily remain at the scene and answer questions, or choose to ignore the police and walk away, this was clearly not a consensual encounter. As a general rule, an encounter between a police officer and a citizen becomes an investigative stop when a citizen not free to leave. If the officers does not have a reasonable suspicion that the citizen has committed, is committing, or is about to commit a crime, there is no well-founded suspicion of criminal activity. When a law enforcement officer detains a citizen, without a reasonable suspicion, or probable cause to arrest, the detention is a show of authority which restricted the citizen’s freedom of movement because a reasonable person under the circumstances would believe that he should comply. When an initial detention is invalid, all that flows from it is also illegal.
United States citizens are guaranteed the right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. If the police can violate the rights of a person later determined to be guilty, they can violate the rights of any citizen.
If you have been illegally stopped and searched, you may be entitled to have any evidence seized as a result of that stop suppressed, and the case dismissed.
If the State cannot show that the evidence was lawfully seized, you may be entitled suppression of the evidence and dismissal of the charges. Contact a criminal defense lawyer and request a suppression hearing. Our firm has represented clients seeking suppression of evidence. Many of these hearings have resulted in suppression of the evidence and dismissal of the case.
If you have been arrested in the Tampa Bay area and would like to challenge the seizure of evidence obtained during or after your arrest, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & for a free consultation now.
Call Tampa Criminal Defense Attorney, Daniel J. Fernandez of Fernandez & at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com
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