Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

State v. C; Judge: Tom Barber; Date: January 16, 2007

FACTS: The client was observed driving her vehice without headlights. The officer followed her for a half mile waiting for her to activate her headlights before he decided to pull her over. After the stop the officer did background checks on everyone in the car, and found a warrant for one of the passengers in the backseat. He questioned the suspect about his warrant for violation of probation, and then asked our client if he could search the vehicle. She responded by asking, "Do I have to let you search?" The officer said, " the decision is yours".

The officer then asked the suspect and our client, "Are you afraid of dogs?" Our client responded by saying, "No, but why do you ask?" The officer then told the defendant that he was going to get a dog to come to the scene. Eventually, the client consented to a search of her vehicle. A bag of marijuana and a pipe were found in the client's car.

DEFENSE: Whenever law enforcemet gains consent to search a home or vehicle it must be voluntary. The client in this case consented to the search of her vehicle only after she was threatened by the officer's claim that the "dogs were on the way". We set up depositions with the Tampa Police Officer to investigate the details of the conversation between he and our client. Further discussions with the State resulted in the dismissal of the charges.

RESULT: The State decided to dismiss the charge based on the circumstances surrounding the search of our client's vehicle. If we would have filed a motion to suppress, it would have been the State's burden to show the consent was voluntary.