Traffic Stop Pat Down Suppressed

Florida Criminal Defense Expert
Florida Criminal Defense Expert finds where there was a Pat Down search after valid Traffic Stop, where cop observed defendant and her passenger moving within their vehicle, where the occupants were reaching for something either below or in the center console, Court rules deputy's pat down search of defendant after she was removed from vehicle was constitutionally valid. In a whopper of a ruling, the court then held that it was improper for deputy to keep handcuffs on defendant after the pat down produced no threat to deputy. Then court ruled on the second pat down and held that a second pat down by a different deputy while defendant was handcuffed was illegal. Even though defendant had "consented, " her consent for second deputy to remove what he believed to be a crack pipe from defendant was a submission to authority rather than a voluntary consent. Motion to suppress granted.
Board Certified Criminal Trial Lawyer, Attorney Casey Ebsary is standing by to help Toll Free 1-877-793-9290.

Source: 34 Fla. L. Weekly D1835a

Traffic Stop Pat Down Suppressed