Tampa Drug Defense Attorney | Search Seizure Consent Florida

Tampa Drug Defense Attorney and Criminal Defense Lawyer has been researching Search and seizure issues involved where police claim there has been Consent to Search during an Investigatory Stop. In one recently published case, the Police officer put his vehicle in front of a defendant and then shined the vehicle's spotlight on the suspect. Following that, another cop came up to the defendant on foot. Finally, two other cops joined in. The judges ruled this was an investigatory stop and not a consensual encounter.

The judges then found since there was no reasonable suspicion of criminal activity, there was no justification for an investigative stop. The police and prosecutors then claimed the suspect (who really isn't suspected of anything) consented to this roustabout. The Court rejected this claim and found the defendant's consent to search was not voluntary, it appearing that one of the officers had retained his driver's license. The court found cocaine seized should have been suppressed.

Source: AARON HILL, Appellant, vs. THE STATE OF FLORIDA, Appellee. 35 FLW 1455c (3rd DCA 2010).

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Tampa Drug Defense Attorney