State vs. D.P.; Case No.: 2008-CT-4248(St Lucie County)
Arresting Agency: St. Lucie County Sheriffs Office.
Case Summary: Our client was driving home after a night out and dropped his phone on the floor of his car. He pulled behind a closed restaurant to park and look for his phone. The Law pulled behind him with his blue lights on and ordered our client out of the car. The police had no reasonable suspicion to justify a temporary or investigatory stop. The Defense filed a Motion to Suppress. At the hearing, the defense presented testimony from the restaurant owner who stated that his business does not display any signs stating No Trespassing or No Loitering and that there had been no recent burglaries at his restaurant. The defense argued that the initial traffic stop was illegal and all evidence discovered as a result of the illegal stop and seizure of our client should be thrown out.
Result: Motion to Suppress was granted , State dropped charge.
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Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties