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The exclusionary rule is a legal principal which is applied in criminal prosecutions. The application of the exclusionary rule is to prohibit the prosecution from introducing certain evidence that the court determined was obtained in violation of a defendant's 4th Amendment Rights guaranteed in the US Constitution. A criminal defense attorney will usually have to file a document called a motion to suppress evidence when the criminal defense lawyer has reason to believe that his client's rights have been violated by law enforcement and that evidence had been obtained by the police as a result of the violation of his client's rights. The trial court will conduct an evidentiary hearing on the defendant's motion to suppress if the trial court believes that the motion has been filed in good faith. The State of Florida can not admit suppressed evidence in trial if the defendant prevails in the motion to suppress hearing.  A law enforcement officer must have probable cause to search a motor vehicle. The police are required to obtain a search warrant in order to conduct a search under normal circumstances. However, there is what is known as the automobile exception. The automobile exception allows a police officer to perform a search of a vehicle & all of the occupants if the law enforcement officer has probable cause to believe that there is something illegal in the automobile. The auto exception is based on the premise that a vehicle is mobile & that if a person were permitted to leave the scene with the car that the illegal items would likely be removed from the jurisdiction and destroyed. In the case of State v. Sarria, the District Court of Appeal addressed both the exclusionary rule as well as the automobile exception. The 4th District Court of Appeal granted the state's challenge to two motions to suppress filed by 2 defendants who were inside a car in which marijuana was found subsequent to a traffic stop. The 4th District Court of Appeal ruled the strong odor of raw cannabis originating in the car's interior provided the officer with probable cause to both arrest the individuals in the car & conduct a search of the vehicle. The Court of Appeal relied on State of Florida v. Williams, 967 So. 2d 941, 941 (Fla. 1st DCA 2007) The 4th District Court of Appeal additionally ruled that once the police officer smelled the distinct odor of raw cannabis, that he had probable cause to conduct a search of the vehicle and arrest the defendant; it did not matter if the officer arrested first & conducted the search later. For more information on Criminal Defense Fort Lauderdale FL , Criminal Attorney Fort Lauderdale FL please contact us at: The Law Offices of Michael A. Dye, PA 1 East Broward Boulevard #700 Fort Lauderdale, FL 33301 (954) 745-5848
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