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Motion to suppress granted felony possession of codeine dismissed

State v. B.F.; . 2008-CF-2361 (St. Lucie County)

Arresting Agency: St Lucie County

 Case Summary: “The Defense filed a Motion to Suppress and set a hearing in front of Circuit Judge Dan Vaughn. The accused was a passenger in a vehicle that was stopped by the police in the middle of the day. The Officer testified that he was concerned for his safety because he observed the accused fidgeting under her seat. He ordered her out of the vehicle and looked inside her purse, which was open and in plain view according to the officer. The officer said he saw a pill bottle in plain view and asked the accused if he could search her purse. The accused gave him consent to search and the officer found a pill that the accused did not have a prescription for. But the Court ruled that the consent was not voluntary, and that it was an acquiescence to police authority. ”

Result: Motion to Suppress granted.
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Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties