Motion to Suppress Granted for Traffic Stop Search

Judge Amy Smith granted Counsel’s Motion to Suppress because Tom O’Connell’s Client was driving her vehicle wherein Boca Raton Police Officers stopped her, ordered her out of the vehicle, and ordered her to place her purse in the vehicle. They ordered the passenger out of the vehicle. Immediately thereafter, the officer asked the Defendant’s permission to search her vehicle which she agreed to the search. Furthermore, the passenger agreed to be searched and “patted down” and no contraband was located.

Unfortunately, Mr. O’Connell’s Client had some cocaine residue in a small plastic ziplock bag within her purse. Judge Amy Smith held the Defendant was not free to go after she was ordered to vacate her vehicle, abandoned, and stayed behind her vehicle. Indeed, it was after 2:00 a.m. in the morning, the passenger was also ordered out of the vehicle, and the officer simply provided the Defendant with a “warning” for speeding without issuing a traffic ticket.

The court ordered the driver was not free to go, it was illegal to order her out of her vehicle after the officer handed her a warning which was the purpose of the stop, and the search was beyond the scope of an ordinary traffic stop. Judge Smith followed the precedent handed down by the Florida Fourth District Court of Appeal when she granted Counsel’s Motion to Suppress. The West Palm Beach State Attorney’s Office agreed to dismiss the charges, announced a Nolle Prosse on June 8, 2010.