Verifiable Case Result

Marijuana charges dropped before motion to suppress hearing

State v. B.L.; 2007-MM-5579(St Lucie County)

Arresting Agency: St. Lucie County Sheriffs Office

Case Summary: “Our client was pulled over for having dark tinted windows. After writing him a ticket, the officer in the case asked if our client minded if he searched his vehicle. Our client said “yes I mind, I have to get to work”. At this point, the deputy became agitated and said he was going to call in a K-9 unit to sniff around the vehicle. The St. Lucie County deputy proceeded to ask my client again if he could search his vehicle. Our client responded with “whatever”. Marijuana was found inside the vehicle and our client was arrested. The defense filed a motion to suppress and argued that our client’s “consent” was nothing more than an acquiescence to authority. Florida law has consistently held that when an individual acquiesces to a police officer’s authority such acquiescence is insufficient to show voluntary consent.”

Result: “Charges dropped in open court minutes before the suppression hearing.”


Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties