Tampa criminal court case results
- your rights in a dui stop
- facts: The client was stopped by tampa police for driving without her headlights. After the stop the police officer asked her if she would perform field sobriety tests. The client passed the tests, but the officer continued to detain her at the scene. He was convinced that there were drugs in her vehicle, but he had no lawful reason to detain her. The officer chose to ask for consent to search her vehicle. The client gave him permission, but not without some indecision.
- defense: Typically, once a law enforcement officer has investigated the issues surrounding the stop (in this case DUI), he must allow you to leave. An officer cannot detain you unlawfully for any period of time. In this case, the officer asked for permission to search the vehicle because he knew that he had no other justification to search the vehicle. He claimed that our client's consent was voluntary, but we disagreed. We filed a Motion To Suppress the drugs collected by the police officer. Once the defense alleges that the defendant's consent was not voluntary, the burden shifts to the state to prove the consent was voluntary.
- results: The Prosecutor read our Motion and agreed to stand silent on our Motion to Suppress. The Granted our Motion and the Drug Charges were dismissed.
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