Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

Case Number: 06-CM-025852; Judge James Dominguez; Date: November 26, 2006

FACTS: Law enforcement claimed they saw the defendant enter a vehicle with some friends and begin to smoke. Based on their observations they approached the vehicle, knocked on the door and ordered the defendant out of the vehicle. After the defendant was removed from the vehicle the officers smelled an odor of marijuana. They searched the vehicle and found drugs.

DEFENSE: The law enforcement officers were not justified when they ordered the Defendant out of her vehicle. The police must atleast have a "reasonalbe suspicion" that you are engaged in criminal conduct before they can lawfully command you out of your vehicle or even command you to stop.

RESULT: The charge was dismissed by the State Attorney after discussing the 4th Amendment issues surrounding the stop of the defendant.