COMES NOW the Defendant, by and through the undersigned
attorney, and respectfully moves this Honorable Court to suppress as evidence
in this cause, pursuant to Fla.R.Crim.P. 3.190(h)(1)(a), any and all evidence
of narcotics seized by law enforcement officers from the defendant’s person,
and as grounds therefore states as follows:
A. The Defendant is charged with Possession of Controlled
substances and paraphernalia.
B. EVIDENCE TO BE SUPPRESSED:
The Defendant respectfully requests this Honorable Court
to suppress any and all evidence of narcotics found as a result of the stop
and search of the Defendant's vehicle, more specifically, any hydrocodone,
morphine, methamphetamine or paraphernalia allegedly found in the Defendant's
C. GROUND FOR SUPPRESSION:
The Defendant was seized and searched in contravention
to the 4th Amendment to the United States Constitution and Article 1, section
12 of the Florida Constitution, and any evidence obtained because of the
illegal seizure is the fruit of the poisonous tree and should be suppressed.
D. FACTUAL BASIS:
On or about May 5, 1999, the Defendant was stopped by
law enforcement while driving his vehicle. Subsequent to the stop, the Defendant's
vehicle was searched without his consent. The search allegedly resulted
in the seizure of 15 hydrocodone pills, 5 morphine pills, and a baggie of
“chips and crumbs” originally described as cocaine, but later identified
allegedly as methamphetamine. Defendant was subsequently arrested.
The defendant had originally been pulled over for “improper
change of lane or course.” Thereafter, defendant was detained and
forced to wait an improper length of time for a drug dog to arrive.
The drug dog that did arrive was not qualified to provide probable cause
for the law enforcement to search the defendant’s car.
Wherefore, Defendant asks the Court to suppress the
evidence described herein.
CERTIFICATE OF SERVICE
Attorney At Law
P.O. Box 8816
Tampa, FL 33674-8816
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