Bad Stop Defense: Suppression of Evidence
The fourth amendment protects you and other citizens from unreasonable governmental searches and seizures. Police, as government agents, must act reasonably when they stop, detain, or frisk citizens like you. If they do not, then your criminal attorney may be able to suppress some or all of the evidence the police gathered against you after the police stopped you unreasonably.
For example, if the officer suspects that you were speeding, but did not actually see the driving himself, then the officer does not have the probable cause necessary to stop you for the traffic infraction of speeding. Likewise, if the officer has a gut feeling that a driver of a vehicle is DUI, but does not have a reasonable suspicion based on facts observed, he cannot stop the driver. A bare hunch or a guess won’t cut it.
In order to make sure the officer’s actually follow the rules, and don’t violate your fourth amendment rights, the courts formulated a legal principle called the exclusionary rule. This exclusionary rule requires the Judge to suppress evidence obtained by the police as a result of their illegal activity. This exclusionary rule is not made to reward a citizen otherwise guilty of a crime. Practically, the courts “slap the officer’s wrists” when he goes too far by throwing the evidence out of court. The hope is that the officer will think twice the next time he considers acting improperly.
Contact a Criminal Attorney in Tampa Today
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss if a motion to dismiss is applicable in your case. Ask to speak directly to an attorney.
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