πŸ›‘ What Is a Motion to Suppress in a Florida Criminal Case?

Fight Back When Police Violate Your Rights

If you were arrested in Fort Lauderdale or anywhere in South Florida, and police overstepped their legal bounds, a motion to suppress could be the key to getting your case dismissed.

This powerful legal tool asks the court to exclude evidence obtained through unlawful searches, stops, or interrogations. If the judge grants the motion, the State may be left with no case to prosecute.

βš–οΈ What Is a Motion to Suppress?

A motion to suppress is a formal legal request asking the court to exclude illegally obtained evidence. This often includes:

  • Evidence from a warrantless search

  • Statements made without proper Miranda warnings

  • Drugs or weapons seized during an unlawful stop or arrest

If police violated your Fourth or Fifth Amendment rights, the court can suppress that evidenceβ€”and sometimes dismiss the charges entirely.

🚨 Common Legal Grounds for Suppression in Florida

We often file motions to suppress when law enforcement:

  • πŸš” Conducts a traffic stop without reasonable suspicion

  • πŸ” Performs a search without a warrant or valid exception

  • 🧍‍♂️ Initiates a pat-down without legal justification

  • 🏠 Searches a home or vehicle without consent or probable cause

  • πŸŽ™οΈ Takes statements without Miranda warnings

πŸ”— Related Reading:

πŸ“‚ Case Example: How a Motion to Suppress Won a Dismissal

Here’s what to expect if we file a motion to suppress on your behalf:

  1. The court schedules a pretrial hearing.

  2. The State must justify how evidence was obtained.

  3. Your defense attorney cross-examines the arresting officers.

  4. The judge decides whether to exclude the evidence.

This hearing can make or break your case. It’s critical to have a seasoned Fort Lauderdale defense lawyer in your corner.

πŸ“ Why Hire Michael White, P.A. to File Your Motion to Suppress?

As a former prosecutor, I know how the State builds its case—and how to tear it down.

At Michael White, P.A., we:

  • Investigate your arrest for constitutional violations

  • Draft and file strategic motions to suppress

  • Fight to keep illegally obtained evidence out

  • Cross-examine law enforcement with precision

πŸ“ž Call (954) 270-0769 or request a free consultation to find out if a motion to suppress can change the course of your case.

πŸ’¬ FAQs About Motions to Suppress in Florida

❓ What is a motion to suppress in a Florida criminal case?

A motion to suppress asks the court to exclude evidence obtained through illegal or unconstitutional means, such as an unlawful search or failure to read Miranda rights.

❓ What happens if the judge grants a motion to suppress?

If the motion is granted, the excluded evidence cannot be used at trial. This often weakens the prosecution’s case significantly—and may lead to a dismissal.

❓ Can I file a motion to suppress if I consented to a search?

Possibly. If your “consent” was coerced, unclear, or obtained without proper advisements, a motion to suppress may still succeed.

❓ When is the best time to file a motion to suppress in Florida?

Motions to suppress are usually filed after arraignment and before trial. Your defense attorney will review discovery to identify any constitutional violations.

❓ Does a motion to suppress apply to verbal statements too?

Yes. If you made statements without receiving proper Miranda warnings or during an illegal detention, those statements can be suppressed.

βœ… Ready to Protect Your Rights?

If police crossed the line, we’ll fight to keep their evidence out of courtβ€”and protect your future.
πŸ“ Serving Fort Lauderdale, Broward County, and all of South Florida.

πŸ‘‰ Schedule Your Free Consultation Now