Why This Case Matters
When police rely on hunches instead of facts, your constitutional rights are at risk. This case shows how a well-argued motion to suppress can unravel the entire prosecution—even when incriminating evidence is found in your car.
You’re driving through Florida with your out-of-state plates, towing a trailer full of dirt bikes, when a police officer approaches. You haven’t broken any traffic laws. You’re not speeding. There’s no missing taillight. But somehow, you find yourself surrounded, questioned, and eventually searched—without a single clear explanation.
For our client, that simple stop turned into something much more serious: a felony charge for possession of a controlled substance. One moment, he was passing through town; the next, he was facing the possibility of prison, a criminal record, and the destruction of his personal and professional reputation.
But what the officer didn’t have—and what the law requires—is reasonable suspicion. And that one missing piece became the key to dismantling the entire case.
What Happened
Our client, a visitor from out of state, was parked in a South Florida lot while towing a trailer filled with dirt bikes when he was approached and detained by law enforcement. There had been no traffic violation, no erratic driving, and no visible signs of criminal activity. Yet the officer initiated a stop and proceeded to question our client based solely on a vague suspicion—citing recent reports of motorcycle thefts in the area.
Under Florida law, police cannot detain or search an individual without reasonable, articulable suspicion that a crime is occurring, has occurred, or is about to occur. Mere hunches or generalized assumptions are not enough. Despite this, the officer proceeded to detain our client and conduct a search—eventually uncovering a controlled substance inside the vehicle. Our client also made certain incriminating statements about those substances.
As a result, our client was charged with felony possession of a controlled substance under Florida Statute § 893.13(6)(a), which makes it a third-degree felony to possess most controlled substances without a valid prescription. A conviction under this statute carries up to five years in Florida State Prison, five years of probation, and a $5,000 fine—not to mention a permanent criminal record that could damage employment prospects, housing eligibility, and more.
That one unconstitutional stop set off a chain of events that could have altered our client’s life forever. But fortunately, we stepped in before that happened.
Our Strategic Approach to Handling This Florida Felony Drug Offense
Fort Lauderdale criminal defense attorney Dave Simmons immediately filed a motion to suppress, arguing that the officer lacked reasonable suspicion to detain or search the vehicle. Key components of our strategy included:
- Taking the officer’s deposition, during which he admitted he had no specific information linking our client to any crime—just a general suspicion based on the trailer and bikes.
- Arguing that the detention was unlawful, because there was no traffic violation, no observed criminal behavior, and no articulable facts to justify the search.
- Contesting the so-called “consent” to search, which occurred after our client was already being detained and not free to leave—raising serious questions about whether the consent was truly voluntary.
The court agreed with our arguments and granted the motion to suppress in full. Once the key evidence—the controlled substance—was thrown out, the prosecution had no case.
The Result: Case Dismissed in Full
After the motion to suppress was granted:
- The state dropped all charges (nolle prosequi)
- No conviction
- No probation or jail time
- Record eligible for expungement
Our client walked away from the courtroom free and clear, without a criminal record.
What This Means for You
Even if you’ve made an incriminating statement or illegal items have been found, you may still have a defense if your rights were violated from the start. Law enforcement must have a clear, legal reason to stop and search you. If they don’t, any evidence they find can—and should—be thrown out.
Don’t Assume the Case Is Over
If you were stopped and searched by police in Broward County—or anywhere in South Florida—you need an experienced criminal defense attorney who knows how to challenge illegal detentions and suppress unconstitutional searches. At the Law Offices of Dave L. Simmons, P.A., we’ve been successfully fighting these cases for over two decades.
Our office serves clients in Fort Lauderdale and surrounding areas, including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. Contact our office today at 954-765-3540 for a confidential consultation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
