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The district court of appeal recently affirmed the trial court's ruling which denied defendant's motion to suppress in a case involving a search and seizure. The initial contact began when the defendant was approached by a sheriff's deputy. The defendant was located inside the vehicle with the windows rolled up & the engine running. While the officer was nearing the vehicle, he noted defendant appeared to be unconciouss.. Defendant was instructed to his window down by the deputy numerous times. After the officer made a third request to roll down the window with no response and since the defendant looked like he was incoherent, the officer opened the door on the automobile since the officer was concerned for the defendant's safety. When opening the car door, the deputy noticed the small of marijuana and saw a metallic pipe on the middle console. Ultimately, defendant's automobile got searched, and in addition to the pipe, a pistol, marijuana, and a variety of different types and quantities of other drugs were located. In the motion to suppress, the defendant stated that a investigator advised him that in case he told honest statements, the detective may help defendant. This detective eventually testified she had informed defendant that "depending on what information he gave, . . . I might be able to talk to the judge" and also that she might be able to "help [him] out with something." The investigator testified that the sheriff's department procedure was to "let [defendants] know if there's anything that we can do that comes of the information [they] give us, then we will talk at a sentencing hearing." Having said that, the detective clarified that she didn't make any promises to defendant and specifically advised him there were "[n]o promises." The investigator testified she did not made no to defendant in regards to what kind of sentence he could get. The trial court declined the defendant's motion to suppress. The district court agreed, and affirmed the trial court's rejection of the defendant's motion to suppress. For additiona information on Dui Lawyer , Criminal Lawyer Fort Lauderdale FL and Criminal Attorney Fort Lauderdale FL please contact us at: The Law Offices of Rosenberg and Dye 1 E Broward Blvd Fort Lauderdale, FL 33301 (954)990-0525
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