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Recent Cases
State of Florida vs. J.S., case number 07023929MM10A In summation, Officer pulls over Defendant and holds Defendant in vehicle for period of time until dogs come and perform an exterior sniff of the vehicle. Officer alleges that reason for the stop was because the Defendant ran a red light. Upon exterior sniff of vehicle by the drug dogs, Officer searches car and discovers marijuana in a backpack in Defendant's vehicle. Officer issues Defendant notice to appear in Court and charges him with misdemeanor possession of marijuana. Upon cross examination, counsel (I) was able to show inconsistencies in arresting officer's testimony, (specifically pertaining to how long the Defendant was held before being read his rights and how long it was before the drug dogs came to perform an exterior sniff of the vehicle) regarding the facts of this case and how this incident occured. Based upon these inconsistencies, the presiding Judge granted my Motion to Suppress Stop and Arrest of Defendant and All Evidence Contained Therein. As a result of this Motion being granted, the State Attorney's Office has since dismissed this case. The State of Florida vs. T.M., case number 07011569MM10A In summation, upon cross examination of the arresting Officer, the presiding Judge felt that there were not enough specific articulable facts to detain my client, not read him his Miranda Warnings, and still subsequently charge him with possession of marijuana. In essence, after my cross examination, the Judge felt that the arresting officer was on a "fishing expedition" when he charged my client, and because there was insufficient probable cause, the Judge granted my Motion to Suppress, and suppressed all evidence obtained against my client. This case is currently on appeal by the Office of the State Attorney. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Law Offices of Russell D.Bernstein, P.A. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |