IN THE CIRCUIT COURT
    STATE OF FLORIDA
    CIRCUIT CRIMINAL

STATE OF FLORIDA
                                                                                                                            Case #   
VS.

DEFENDANT                                                                                                     Division:
_________________________________/

MOTION TO SUPPRESS EVIDENCE IN UNLAWFUL SEARCH

    COMES NOW the Defendant, by and through the undersigned attorney, and respectfully moves this Honorable Court to suppress as evidence in this cause, pursuant to Fla.R.Crim.P. 3.190(h)(1)(a), any and all evidence of narcotics seized by law enforcement officers from the defendant’s person, and as grounds therefore states as follows:

A.    The Defendant is charged with Possession of Controlled substances and paraphernalia.

B.    EVIDENCE TO BE SUPPRESSED:

    The Defendant respectfully requests this Honorable Court to suppress any and all evidence of narcotics found as a result of the stop and search of the Defendant's vehicle, more specifically, any hydrocodone, morphine, methamphetamine or paraphernalia allegedly found in the Defendant's vehicle.

C.    GROUND FOR SUPPRESSION:

    The Defendant was seized and searched in contravention to the 4th Amendment to the United States Constitution and Article 1, section 12 of the Florida Constitution, and any evidence obtained because of the illegal seizure is the fruit of the poisonous tree and should be suppressed.

D.    FACTUAL BASIS:

    On or about May 5, 1999, the Defendant was stopped by law enforcement while driving his vehicle. Subsequent to the stop, the Defendant's vehicle was searched without his consent. The search allegedly resulted in the seizure of 15 hydrocodone pills, 5 morphine pills, and a baggie of “chips and crumbs” originally described as cocaine, but later identified allegedly as methamphetamine. Defendant was subsequently arrested.

    The defendant had originally been pulled over for “improper change of lane or course.”  Thereafter, defendant was detained and forced to wait an improper length of time for a drug dog to arrive.  The drug dog that did arrive was not qualified to provide probable cause for the law enforcement to search the defendant’s car.

    Wherefore, Defendant asks the Court to suppress the evidence described herein.


CERTIFICATE OF SERVICE


_________________________
Rex Curry
Attorney At Law
P.O. Box 8816
Tampa, FL 33674-8816
813 238-5371
rexy@ij.net