5 Grounds to File a Motion to Suppress in a Florida Criminal Case
Before a criminal trial begins in Florida, the defendant has the right to file a motion to suppress any evidence the prosecution seeks to introduce. A motion to suppress asks the judge to exclude the evidence on constitutional or other legal grounds. Under Florida criminal trial rules, there are five common grounds to file such a motion.
- The Police Illegally Seized Property Without a Warrant
The Fourth Amendment to the United States Constitution, as well as Section 12 of the Florida Constitution, protect a person’s property against “unreasonable searches and seizures” by the police. In general, this means that unless you consent to a police search, they must first get a warrant. Seizing property without a warrant is grounds for granting a motion to suppress.
Keep in mind, however, there are a number of “exceptions” to the Fourth Amendment that make it legal for police to seize property without a warrant. For example, a police officer who spots illegal drugs in “plain view” can typically seize such evidence without a warrant, provided the officer had a lawful right to be there in the first place.
- The Warrant Was Insufficient on Its Face
Even when police seize evidence with a warrant, there may be a defect in the warrant itself that renders any evidence obtained unusable. For instance, if a police officer filed a false affidavit to obtain the search warrant, that would make the warrant “insufficient on its face.” This would also apply to a situation where the warrant itself is so flawed–say it fails to describe the location to be searched–that no reasonable police officer would believe it to be valid.
- The Property Seized Was Not the Property Described in the Warrant
A search warrant is not a license for the police to go wherever they want and take whatever they want. The warrant must describe the place to be searched with a reasonable degree of specificity. The warrant must also identify the items the police are looking for. At the same time, if in the process of conducting their search, the officers find evidence of other crimes, they typically can seize that as well.
For example, a police officer obtains a warrant to search a suspect’s house for a firearm. During the search, the officer finds illegal drugs in the house. The officer may seize that drug evidence without getting a separate warrant. But the officer cannot search any areas outside of the house–such as the suspect’s car–as that was not an area described in the warrant.
- There Was No Probable Cause
Before issuing a search warrant, a Florida magistrate must first determine if the police have “probable cause” to believe their proposed search will uncover evidence of a crime. The defendant can challenge such a finding before the trial court, in effect arguing the magistrate had no probable cause for believing the existence of the grounds on which the warrant was issued.
- The Warrant Was Illegally Executed
Once police obtain a search warrant, they are expected to “knock and announce” their presence before executing the warrant at the suspect’s home. If the police violate this requirement, a defendant may file a motion to suppress based on illegal execution of an otherwise valid search warrant.
The trial court may still allow the evidence in, however, if the police can justify their actions based on the circumstances. For instance, the police may argue they had to dispense with the knock-and-announce requirement because they had reason to believe evidence might be destroyed.
Contact AsiliA Law Firm Today
A motion to suppress can often mean the difference between a conviction and a dismissal of all charges. That is why you should work with a qualified Miami criminal defense attorney who has experience in this area. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.
Source:
casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3190-pretrial-motions
>