If you’re facing drug charges in Florida, whether or not you’re convicted often hinges on the strength of the evidence against you. However, not all evidence may be admissible in court.
In some cases, a criminal defense attorney will file a motion to suppress. This is a written request asking that the judge not allow certain evidence to be introduced at trial because the evidence was obtained through some form of police or government misconduct. If the judge grants the motion, the evidence is not admissible. Depending on what other evidence the prosecution has available, this may result in the charges being dropped.
Reasons Evidence Can Be Suppressed
Common reasons why evidence may be suppressed in a Florida drug case include:
- The evidence was obtained without a warrant.
- The warrant was illegally executed.
- There was no probable cause to believe the grounds on which the warrant was issued.
- The items seized by law enforcement are not the property described in the warrant.
- There was a chain of custody error that affected how the evidence was handled, transferred, or stored.
- The evidence was obtained as a result of a Miranda rights violation.
In some cases, a judge may allow evidence to be admitted even if it qualifies for suppression. Common reasons for this include:
- You gave consent for the search that resulted in the police obtaining the evidence.
- The discovery of the evidence was inevitable.
- The police acted in good faith and were not aware that there was a problem with how the evidence was obtained.
- Another source can provide the evidence that would otherwise be suppressed.
Contact an Okaloosa County Drug Crimes Attorney
If you or a loved one have been charged with a drug crime in Okaloosa County, call Flaherty & Merrifield today at (850) 403-6835 for a free consultation.