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attorney william hanlon

bad cocaine arrest by Tampa police»

Tampa criminal attorney: traffic stops lead to drug possession charge
facts: Tampa has its share of neighborhoods with drug problems, and the Tampa police usually perform a commendable job protecting our neighborhoods from drugs. This is a case, however, in which the officer's justification for a traffic stop proved unwarranted.

At 2908 E. 22nd Avenue in Tampa one night, some of the neighbors complained to the police about a particular apartment complex and several males in the area. A team of police officers (called the QUAD squad) who handle drug crime responded to the call. Sometime after they arrived the police stated that they saw our client enter the area.

Indeed, one of the officers who was observing the area claimed that he witnessed a hand to hand transaction between our client and a known drug dealer. Then the officer who witnessed the transaction radioed some other officers in the area. These officers tracked down our client and shadowed him. During their pursuit, one of the patrolmen alleged these facts: our client opened his car door and shut the door. Our client testified that he opened to door to spit and immediately closed the door.

These alleged acts occurred while the car was moving. Because opening a car door while it is moving is a traffic offense, the officer pulled our client over. As he wrote the ticket, the officer asked if he could search the car, our client consented (Most people do not realize that they don't have to consent to such searches). In the car, the police found a baggie with cocaine .

Based on three issues, the police felt that had made a good stop and good arrest. First, the QUAD officer testified that he had witnessed the transaction. Second, the patrolmen claimed that they saw the traffic offense. Finally, our client consented to the search of the car.

defense: Consenting to the search made this case particularly difficult. Indeed, objecting to the traffic stop was the best possible defense. Opening a car door while the car is moving is unlawful only under specific circumstances:

§ 316.2005 Opening and closing vehicle doors: No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of traffic, nor shall an person leave a door open...

At the time, there was little traffic on the street. The police could neither claim that he created an unsafe situation, nor did he interfere with traffic. Since the search was what the law describes as the fruit of the poisonous tree, we filed the motion to suppress the traffic stop.
results: Ultimately, the state attorney agreed to dismiss the charge
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