Sleeping in Legally Parked Car | Motion to Suppress

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.

Download ( Motion-to-Suppress.pdf, PDF, 204KB)

 

BOLO | Anonymous Tip | Open Container

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:

Download ( Motion-to-Suppress-Bolo.pdf, PDF, 1.15MB)

Appellate Decision:

Download ( Appellate-Decision.pdf, PDF, 62KB)