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Motion to Suppress No Probable Cause for Traffic Stop
Jurisdiction: County Court, Broward County, Florida
Location of Incident: Coral Springs, FL

Issues: Did the police officer have probable cause to stop defendant’s vehicle for a violation of Florida Statute 316.089(1), failure to maintain a single lane, when crossing the lane line did not interfere with any other traffic?

Notes regarding this particular motion: This motion to suppress was successfully used in a case which did not involve DUI. However, purported lane weaving violations are frequently used as the basis for a DUI stop. Although laws in your individual jurisdiction may be different, multiple jurisdictions have case law holding that crossing a lane line is not a strict liability offense. I have successfully made the arguments contained in this motion in Florida and North Carolina.

Major Case(s):

1) Whren v. United States, 517 U.S. 806, 809-10(1996)

1) Jordan v. State, 831 So.2d 1241 (Fla. 5th DCA 2002);
2) Crooks v. State, 710 So.2d 1041 (Fla. 2nd DCA 1988);
3) Florida v. Lee, WL 1372731 at 2 (Fl. 5th DCA 2007);
4) Holland v. State, 696 So.2d 757, 795 (Fla. 1997);
5) Jordan v. State, 831 So.2d 1241 1242-43 (Fla. 5th DCA 2002);
6) State v. Kindle, 782 So.2d 971 (Fla. 5th DCA 2001).

Result: Case dismissed.

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Motion to Suppress No Reasonable Suspicion

Phase II DUI Investigation

Motion to Suppress Refusal, Observations, Video and all Other Evidence
Jurisdiction: County Court, Seventeenth Judicial Circuit, Broward County, Florida
Location of Stop: Broward County, Florida
1) Did the officer have a reasonable suspicion that defendant was impaired sufficient to extend the length of a traffic stop into an investigatory detention?
2) Was defendant properly advised of Florida’s implied consent laws?
Major Case(s):
1) Brye v. State of Florida, 927 So.2d 78, 81(Fla. 1st DCA 2006);
2) Popple v. State, 626 So.2d 185, 186(Fla. 1993);
3) Dees v. State, 564 So.2d 1166(Fla. 1st DCA 1990);
4) Department of Highway Safety and Motor Vehicles v. Guthrie, 662 So.2d 404(Fla. 1st DCA 1995);
5) Jones v State, 459 So.2d 1068, 1080(Fla. 2nd DCA 1984);
6) State v. Bertoni, Appellate Case No. 05-23AC10A(17th Cir. 2006);
7) State v. Medina-Moya, 8 Fla. L. Weekly Supp. 396 (Fla. 17th Circuit Ct., March 19, 2001);
8) State v. Anderson, 479 So.2d 816, 818(Fla. 4th DCA 1985);
9) Cresswell v. State, 564 So.2d 480 (Fla. 1990);
10) Taylor v. State, 625 So.2d 911, 912(Fla. 2nd DCA 1993);
11) State v. Taylor, 648 So.2d 701, 703-05(Fla. 1995).
1) United States v. Mendenhall, 446 U.S. 544(1980);
2) Terry v. Ohio, 392 U.S. 1(1968).
Result: State reduced the charge to reckless driving with adjudication withheld. Provided by: buy acyclovir ointment online Daniel Rosenberg
Motion to Suppress:

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Motion to Suppress for Violation of 4th Amendment | No Probable Cause for Stop
Jurisdiction: District Court, Wake County, North Carolina
Location of Checkpoint: Raleigh, NC
Issues: Did the act of pulling into a driveway with a checkpoint in view constitute reasonable suspicion that the driver was attempting to avoid a checkpoint?
Major Case(s):
State: 1) See State v. Haislip, 651 SE 2d 243, 246-47 (NC Ct. App. 2007)
2) Whren v. United States, 517, U.S. 806, 809-10(1996).
Result: Motion to Suppress Denied. The issues raised at the evidentiary hearing were a matter of first impression in North Carolina.  The Court took the matter under advisement and researched the matter further.  The court located two cases that were on point.  If memory serves correct, one was from Hawaii and one was from a state in the South.  The Hawaii court ruled for the State and the other court ruled for the defense.  The Judge found the reasoning from the Hawaii case to be more persuasive and denied the motion.  Client did not appeal. Two appellate courts have ruled in two different ways. This motion is worth another shot.

Motion to Suppress:

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Motion to Suppress for Violation of 4th Amendment Rights
Jurisdiction: County Court in and for Broward County
Issues: Was the Sheriff’s Deputy permitted to physically open the door to defendant’s vehicle when he located defendant sleeping inside his vehicle in a townhouse parking lot?
Major Case(s):
Federal: 1) United States v. Mendenhall, 446 U.S. 544(1980); Terry v. Ohio, 392 U.S. 1(1968);
2) Terry v. Ohio, 392 U.S. 1(1968);
3) Michigan v. Chesternut, 486 U.S. 567 (1988);
State: 1) Brye v. State of Florida, 927 So.2d 78, 81(Fla. 1st DCA 2006);
2) Popple v. State, 626 So.2d 185, 186(Fla. 1993);
3) Horton v. State, 660 So.2d 755, 756 (Fla. 2nd DCA 1995);
4) State v. Ecker, 550 So.2d 545 (Fla. 2nd DCA 1989);
5. Danielewicz v. State, 730 So.2d 363, 364 (Fla. 2nd DCA 1999);
Result: Trial court denied Motion to Suppress ruling that the officer was acting within his role as a community caretaker and checking on the welfare of a citizen. It should be noted that the Deputy testified that the incident took place in a “high crime” area. In reality, the neighborhood where this incident took place was my neighborhood which was located in a country club community on a golf course. Life is rough in the hood. You never know when public people will creep onto your private golf course.

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Motion to Suppress for Violation of 4th Amendment Rights
Jurisdiction: District Court, Wake County North Carolina, Motion Denied – Hon. Margaret P. Eagles(Argued by Michael Dye, Esq.)
Superior Court, Wake County, North Carolina, Motion Denied – Hon. Paul Gessner(Argued by Jane Weatherly, Esq.)
North Carolina Court of Appeal (Argued by Office of the Appellate Defender)
Location of Stop: Raleigh, NC
Issues: Was the BOLO issued as the result of an anonymous tip?
Was the information provided by the “tip” sufficiently reliable to constitute reasonable suspicion?
Did the allegations made in the anonymous tip amount to an accusation of criminal conduct?
Major Case(s):
Federal: 1) Florida v. J.L., 529 U.S. 266, 272, 146 L. Ed. 2d 254, 261 (2000)
State: 1) State v. McArn, 159 N.C. App. 209, 212, 582 S.E.2d 371, 374 (2003)
State v. Heien, 737 S.E.2d 351 (2012)
State v. Peele, 196 N.C. App. 668, 673, 675 S.E.2d 682, 686, disc. review denied, 363 N.C. 587, 683 S.E.2d 383 (2009)
Result: Trial court’s ruling denying Motion to Suppress is reversed, Defendant’s Motion to Suppress is granted, case remanded for trial. State dismissed case after appellate decision.

Motion to Suppress:

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Appellate Decision:

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Motion to Suppress for Violation of 4th Amendment Rights Due to Unconstitutional Use of Vehicle Checkpoint
Jurisdiction: Superior Court, Wake County, North Carolina
Location of Checkpoint: Fuquay Varina, North Carolina
Issues: Was the checkpoint narrowly tailored to fit important criminal investigatory needs?
Major Case(s):
Federal: 1) Brown v. Texas, 443 U.S. 47, 50, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357, 361(1979)
State: 1) State v. Rose, 170 N.C.App. 284, 293, 612 S.E.2d 336, 342(2005)
Result: Motion to suppress granted in full and case dismissed.
Motion to Suppress:

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