As a Broward County criminal defense lawyer, my clients frequently ask me to request the Court to “throw-out” the evidence against them. In some instances, an experienced defense attorney can file a Motion to Suppress requesting the Court to preclude the State from introducing certain evidence obtained improperly by law enforcement at trial.
Typically, a criminal defense attorney would file a Motion to Suppress in cases where law enforcement obtains evidence against a defendant in violation of either a State and/or Federal Constitutional safeguard (i.e. Fourth Amendment Right to be free from unreasonable search or seizures or Fifth Amendment Right to be free from self-incrimination). In Fort Lauderdale and Miami, criminal defense attorneys routinely file Motions to Suppress on DUIs (no probable cause to effectuate stop), possession of marijuana, oxycodone, or cocaine (improper pat-down – no safety concern), and sexual battery (no or improper Miranda warnings).
In the event the Court grants a Motion to Suppress, the Court will preclude the State from introducing evidence directly obtained as a result of a violation of a defendant’s Constitutional safeguard or any additional evidence obtained as a result of such violation, commonly mentioned as “fruit of the poisonous tree”. For example, if the Court finds that law enforcement did not have probable cause to effectuate a traffic stop of a defendant for speeding, the State will be precluded from introducing evidence of the defendant’s roadside exercises or statement, “I had 7 beers at a party”, at a trial for DUI.
Recently, the criminal defense attorneys at Lyons, Snyder & Collin have successfully suppressed evidence in Broward, Palm Beach, and Miami-Dade counties by filing Motions to Suppress in various felony and misdemeanor cases.
State v. W.C.
The criminal defense lawyers at Lyons, Snyder & Collin filed a Motion to Suppress the illegal stop and detention of W.C. during a DUI investigation. Broward Sheriff’s Office did not have probable cause to effectuate a traffic stop of W.C.’s vehicle for “Failure to Maintain a Single Lane” as W.C.’s conduct did not create a reasonable safety concern. The Court precluded the State from introducing the DUI video memorializing W.C.’s roadside exercises at trial.
State v. R.F.
Criminal defense attorney Philip M. Snyder of Lyons, Snyder & Collin filed a Motion to Suppress the illegal detention of R.F. during a purported drug transaction. Based on the totality of the circumstances, Palm Beach Sheriff’s Office’s observation of an alleged “hand-to-hand transaction” of an unknown nature in a gas station parking lot did not provide Palm Beach Sheriff’s Office with a well-founded an articulable suspicion that R.F. was involved in criminal activity. The Court precluded the State from introducing illegal prescription pills found on-scene at R.F.’s trial for sale/delivery of oxycodone.
State v. C.S.
The Fort Lauderdale law firm of Lyons, Snyder & Collin filed a Motion to Suppress an illegal search of C.S’s residence in reference to the sale and delivery of cocaine. The Affidavit used by Coral Springs Police Department to procure the Search Warrant was fatally defective in that the Affidavit contained false statements knowingly and intentionally made, or made with reckless disregard for the truth. The Court precluded the State from introducing a trafficking amount of cocaine found in C.S.’s residence at trial.
State v. J.B.
Criminal attorney Philip M. Snyder of Lyons, Snyder & Collin filed a Motion to Suppress any evidence seized from J.B.’s vehicle as Fort Lauderdale Police Department did not have the authority to perform a warrantless search of J.B.’s vehicle for a non-criminal moving traffic violation. The Court precluded the State from introducing marijuana found in J.B.’s vehicle at trial.
State v. C.B.
The criminal defense lawyers at Lyons, Snyder & Collin filed a Motion to Suppress a trafficking amount of oxycodone seized from C.B.’s purse as Broward Sheriff’s Office did not read C.B. her Miranda warnings pursuant to the 5th Amendment prior to asking C.B. questions designed to elicit an incriminating response. The Court precluded the State from introducing 128 oxycodone pills found in C.B.’s purse at trial.
If you or a loved one is arrested for a felony or misdemeanor offense where law enforcement seized or obtained physical evidence (i.e. drugs, tax records) or testimonial evidence (i.e. confession) as a result of an illegal search or seizure, it is imperative to retain an experienced criminal defense attorney who can file a Motion to Suppress the incriminating evidence.
Martindale “AV” rated criminal defense lawyer Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale criminal defense attorney Philip M. Snyder handles all criminal defense matters including, DUI, possession of cocaine, possession of marijuana, possession of oxycodone, battery, grand theft, petit theft, and fraud. The Fort Lauderdale criminal defense law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316. Telephone: 954.462.8035. http://www.lyonssnyder.com/