State v. J.B.; Case No. 2004-CF-4935 (St Lucie County)
Arresting Agency: St. Lucie County Sheriffs Office
Case Summary: “Our client was sitting in a vehicle with a friend in the parking lot of the St Lucie Draft House. An Officer found the behavior “suspicious” and approached the vehicle and saw our client cutting a pill in half. The Officer ordered our client out of the vehicle and directed him to “stay put”. We filed a Motion to Suppress arguing that the seizure of our client was not legal. The basis for this argument is that the plain view exception to the warrant requirement was not satisfied. In other words, the incriminating nature of the pill was not “immediately apparent” and no criminal activity existed at the time our client was seized.”
Result: Motion to Suppress granted; All charges were dropped by the State.