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Appellate Court Reverses Trial Court Order Denying Defendant's Motion to Suppress A Misdemeanor Not by Sherron Kaldas
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Appellate Court Reverses Trial Court Order Denying Defendant's Motion to Suppress A Misdemeanor Not by SHERRON KALDAS
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| Article Posted: 02/12/2013 |
| Article Views: 319 |
| Articles Written: 7 - MORE ARTICLES FROM THIS AUTHOR |
| Word Count: 495 |
| Article Votes: 23 |
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Appellate Court Reverses Trial Court Order Denying Defendant's Motion to Suppress A Misdemeanor Not |
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Law
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In the case of Jenkins v. State of Florida, the second District Court of Appeal granted the defendant's appeal which challenged defendant's convictions following pleas of guilty to charges of cocaine possession with the intent to sell, possession of drug paraphernalia, as well as altering a license tag, & remanded for additional proceedings consistent with its order. The court concluded that the defendant's multiple arrests for altering a license tag were illegal as defendant did not commit the offense within the presence of police officers. See § 901.15(1), Fla. Stat. (2009); Baymon v. The State of Florida, 933 So. 2d 1269, 1270 (Fla. 2d DCA 2006). The specifics of this case were as follows that the law enforcement officials pulled over the defendant's car for the reason that defendant was playing loud music, defendant had a tinted plastic cover over his license tag, and did not make a full stop when he got to a red light Officers arrested the defendant for the charge of altering a license tag, which is a second-degree misdemeanor in violation of Florida Statute 320.061. Incident to arrest, they searched him and the vehicle. The officers located cocaine in the defendant's wallet in addition to baggies containing cocaine residue & also a digital scale in the vehicle trunk of the car. Less than one month later, law enforcement officials yet again observed Mr. Jenkins' automobile still having the tinted plastic cover over the license tag. The police conducted a traffic stop and arrested him yet again due to obscuring a license tag. The police conducted an inventory search of the vehicle which exposed 700 counterfeit music & video CDs & DVDs. Mr. Jenkins filed motions to suppress in all of his cases. He contended that the arrests were illegal because altering a license tag was a misdemeanor under Florida law and accordingly that is required to be committed in the presence of a law enforcement officer for an arrest to be lawful. The district court agreed with defendant finding that since the arrests had been unlawful, "the law required suppression of the evidence seized in any search performed incident to that arrest." The district court cited to Baymon, 933 So. 2d at 1270 and additionally Wong Sun v. United States.  The appellate court reversed defendant's convictions for possession with intent to sell cocaine & also possession of drug paraphernalia, defendant's conviction for possession of counterfeit goods, & remanded those matters for resentencing on his convictions on account of altering a license tag. The district court also reversed defendant's probation revocation and remanded for deliberation of whether to revoke, modify, or otherwise continue probation predicated simply on altering a license tag. For more information on Criminal Lawyer Miami FL , Dui lawyer and Dui Attorney Miami FL you can contact us at: The Law Offices of Rosenberg and Dye 201 S Biscayne Blvd Miami, FL 33131 (305)459-3286
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