Can I File a Motion to Suppress Evidence Based on an Unlawful Stop?

A Motion to Suppress based on an unlawful stop is a way to get your criminal case dismissed by suppressing the evidence against you. An experienced attorney can evaluate the reason the police stopped you and determine if you were illegally stopped. The police violate and trample on citizens’ rights all the time so don’t assume that they have followed the proper procedures before they searched you or your vehicle.

If you have not committed a traffic violation or if there is no reasonable suspicion that you have engaged, are engaged, or will be engaged in criminal activity, it may be ruled by the court to be an illegal stop. If the court determines that you were illegally stopped, under the 4th Amendment to the United States Constitution, the evidence found subsequent to the illegal stop is what is called “the fruit of the poisonous tree”. It is not allowed to be admitted into evidence. If the State cannot introduce into evidence the drugs or contraband that they say was yours, they have no case and the case is dismissed.

You will need an attorney to evaluate the facts of your case so they can determine if there is a possibility that the case can be won by filing a Motion to Suppress.

Written by

Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.

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