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IF THE REASON FOR THE INITIAL TRAFFIC STOP IS UNLAWFUL, DOES EVERYTHING SEARCHED AND SEIZED THERE AFTER THEN FALL BY THE WAYSIDE
Anonymous2 views5 answers
Was initially pulled over for not properly illuminating my license plate. Should be visible from a hundred feet. Clearly states in arrest report both little lights were working, he just thought they were a little dull. Should I have my attorney file a motion to dismiss?
The probable cause to stop will be difficult to contest based upon your summary. Perhaps there was a camera which might help or destroy your argument. You do not explain what was found but I can only assume it was something illegal. If so, then you need a lawyer asap to attempt to suppress that evidence.
Clifford M. MillerLitigation LawyerVero Beach, FLFL licensed ·
Of course. That would be the "fruit of the poisonous tree." Wong Sun v. US. There are some exceptions like inevitable discovery, but there might not apply in your case. But, the question you should be asking is: "How do I prove the stop was without probable cause?"
There is a possibility evidence seized from an unlawful stop could not be admissible. Your local attorney can sit you down and review all the specific facts to ascertain the best course of action.
