Motions to Suppress Evidence in Miami

In many drug, weapon, and DUI cases, the evidence the police found is the whole case. If the judge suppresses it, the State may have little or nothing left to prove the charge. Not every search is illegal, and not every motion is granted, but every arrest deserves a hard look at how the evidence was gathered.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He knows how police reports are written and where the gaps usually are. Our office answers 24 hours a day.

Your Rights Against Unreasonable Searches

Two constitutions protect you:

• The Fourth Amendment to the U.S. Constitution protects your person, house, papers, and effects against unreasonable searches and seizures. A warrant must be based on probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
• Article I, Section 12 of the Florida Constitution gives the same protection and adds protection against the unreasonable interception of private communications. A Florida warrant must be supported by an affidavit. Florida courts must read this right the same way the U.S. Supreme Court reads the Fourth Amendment, and evidence obtained in violation of it is not admissible if it would be inadmissible under the U.S. Supreme Court's Fourth Amendment decisions.

In plain terms: the police need a lawful reason to stop you, and in most situations a warrant or a recognized exception to search you, your home, your car, or your phone.

Common Grounds for Suppression

• The stop itself. Was there a real reason to pull you over or detain you? If the stop was unlawful, what police found afterward may be suppressed.
• Stop and frisk. Under Florida's Stop and Frisk Law, an officer may briefly detain someone only when the circumstances reasonably indicate the person has committed, is committing, or is about to commit a crime, and only for as long as reasonably necessary. The law allows a pat-down only to look for a weapon, and only when the officer has probable cause to believe the person is armed with a dangerous weapon and is a threat to someone's safety. The statute itself says evidence from a search under that law is not admissible unless the search followed the statute's requirements.
• A prolonged detention. A stop that drags on past its purpose, with no new reason, can taint what comes next.
• Car searches. Searching a car, its trunk, or closed containers inside it is often where the legal fight is.
• Home searches. The home gets the strongest protection. Entering without a warrant is the exception, not the rule.
• Bad warrants. A warrant can be challenged when the affidavit does not show probable cause, when it does not describe the place or things to be searched with enough detail, or when officers search beyond what the warrant allows.
• Consent that wasn't really consent. Police often say you agreed to the search. Whether you truly agreed, and whether you felt free to say no, is a question the judge decides.
• Phones and digital data. Your phone holds your whole life. Searches of phones and other devices are a frequent battleground.
• Unlawfully obtained statements. If police questioned you in custody without the required rights warnings, ignored your request for a lawyer, or pressured you into talking, your statements may be suppressed.

How a Motion to Suppress Works in Florida

The procedure is set by Florida Rule of Criminal Procedure 3.190:

• Who can file: a defendant who claims the State obtained evidence through an unlawful search or seizure by a government agent, or obtained statements from the defendant unlawfully.
• What the motion must say: it must clearly identify the particular evidence or statements to be suppressed, the reasons for suppression, and the facts the motion is based on.
• Legal sufficiency comes first: before hearing evidence, the judge decides whether the motion is legally sufficient. If it is not, it is denied. That is why careful drafting matters.
• The hearing: the judge can take evidence, such as testimony from the officers, video, and records, on any factual issue needed to rule.
• Timing: the motion must be filed before trial or before a deadline the judge sets, unless there is good cause for the delay or the State does not object.
• The ruling: if the motion is granted, either side can ask the judge for a written order with findings of fact and conclusions of law.

How We Build a Suppression Motion

1. Get every piece of the State's story: arrest reports, body-cam and dash-cam video, 911 calls, dispatch records, warrants and affidavits.
2. Compare the paperwork to the video. Reports are written after the fact. Video is not.
3. Pin down the officers' version under oath before the hearing, through depositions when the rules allow them.
4. Find the legal problem, whether it is the stop, the length of the detention, the search, the warrant, or the questioning.
5. Put it in front of the judge with a motion that clearly states the evidence, the reasons, and the facts, and argue it at the hearing.

Where Suppression Comes Up Most

• DUI: the reason for the stop, the field sobriety exercises, and how the breath or blood test was handled. See DUI Defense.
• Drug crimes: car searches, home searches, pat-downs, and claimed consent. See Drug Crimes Defense.
• Weapons and violent crimes: pat-downs, car searches, and statements taken after an arrest. See Violent Crimes Defense.
• Any case built on a confession or an admission.

What to Do If Police Want to Search or Question You

1. Stay calm and do not physically resist. The fight over the search happens in court, not on the street.
2. You can say clearly that you do not consent to a search. Do not argue; just say it.
3. Ask for a lawyer and stop talking. Say you want a lawyer before answering questions.
4. Write down everything as soon as you can: the time, the place, what officers said, and who was there.
5. Save evidence such as your own video, nearby cameras, and witness names before they disappear.
6. Call us. The sooner we see the reports and video, the sooner we can spot the problem.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

What is a motion to suppress?

A request asking the judge to keep out evidence or statements the police obtained unlawfully. If it is granted, the State generally cannot use that evidence to prove its case against you.

If the evidence is suppressed, is my case dismissed?

Not automatically. It depends on what evidence the State has left. When the suppressed evidence is the heart of the case, the State may not be able to go forward.

The officer says I agreed to the search. Is that the end of it?

No. Whether you really consented, and whether it was voluntary, is something the judge decides after hearing the evidence.

Can my statements to police be suppressed?

Yes, if they were obtained unlawfully, for example by questioning you in custody without the required rights warnings or after you asked for a lawyer.

When does the motion have to be filed?

Before trial or before a deadline the judge sets, unless there is good cause for the delay or the State does not object. Do not wait.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.