Fruit Of The Poisonous Tree Doctrine

1,737 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lapace v. State
  257 So. 3d 588· Fla. 2d DCA· 2018-10-17
  The State failed to meet its burden of demonstrating that the deputies reasonably believed exigent circumstances existed to justify a warrantless entry into the residence. The deputies lacked an objectively reasonable belief that an ongoing or imminent emergency required immediat
• Brutus v. State
  248 So. 3d 1259· Fla. 1st DCA· 2018-06-13
  Any error in denying the motion to suppress evidence from the iPod was harmless beyond a reasonable doubt because overwhelming independent evidence of guilt existed.
• Cledenord v. State
  247 So. 3d 545· Fla. 4th DCA· 2018-05-23
  Although a trial court errs in applying the post-conviction standard for newly discovered evidence to a pre-trial motion for reconsideration of a suppression ruling, the error is harmless when the new evidence would not have impacted the prior suppression ruling. In pre-trial rec
• Johns v. State
  Fla. 2d DCA· 2018-04-13
  An investigatory stop of Johns was unlawful because the detectives lacked reasonable suspicion particularized to Johns individually; his mere presence at a surveilled location and association with a suspect whose actions were suspicious did not constitute reasonable suspicion of
• A.M. v. State
  244 So. 3d 1132· Fla. 5th DCA· 2017-12-22
  The trial court erred in denying the motion to suppress because the officer lacked sufficient evidence to justify stopping the non-bait vehicle.
• Harris
  Del. Super. Ct.· 2017-11-30
  The Court denied the defendant's motion for postconviction relief, finding that his claims of ineffective assistance of counsel and an involuntary guilty plea were meritless. The court determined that the defendant's counsel provided competent representation and that the defendan
• Hamilton
  Del. Super. Ct.· 2017-10-12
  The Court denied the defendant's motion to suppress evidence from the initial warrantless search of the residence, finding it permissible under the emergency doctrine and third-party consent. The court also denied motions to suppress evidence from several executed search warrants
• Pokoiski
  Del. Super. Ct.· 2017-06-19
  The court held that the motion to suppress should be granted because the warrantless administrative search of the defendant's residence was conducted without reasonable suspicion. The probation officers failed to independently assess the reliability of an uncorroborated tip from
• Hansis Antonio Collado v. State
  208 So. 3d 802· Fla. 3d DCA· 2016-12-28
  A defendant appeals a trial court's denial of his motion to suppress physical evidence and post-Miranda statements obtained during a sexual battery investigation. The appellate court affirmed, holding that law enforcement's warrantless entry was justified by exigent circumstances
• Coursey
  Del. Super. Ct.· 2016-06-03
  The court denied the defendant's motion to suppress, finding that the traffic stop was lawful based on observed traffic violations, that the officers did not exceed the scope of the stop by ordering the defendant out of the vehicle, and that the search warrant was properly issued
• U.S. Commodity Futures Exch. Comm'n v. Vision Fin. P'rs, LLC
  33 F. App'x 270· S.D. Fla.· 2016-06-03
• State v. Young
  9th Cir. Ct. App. Div.· 2016-03-07
  The State appealed a trial court's order granting Charles Young's motion to suppress evidence from a DUI arrest, arguing the stop and field sobriety tests were lawful. The appellate court reversed, finding the officer had reasonable suspicion to stop the vehicle based on erratic
• Luders Croissy v. State
  184 So. 3d 570· Fla. 4th DCA· 2016-01-20
  Luders Croissy appeals his convictions for drug and evidence tampering offenses, challenging the trial court's denial of his motion to suppress evidence. The Fourth District Court of Appeal reversed, holding that the officer lacked reasonable suspicion to detain and search Croiss
• State v. Diaz-Ortiz
  174 So. 3d 1022· Fla. 5th DCA· 2015-07-24
  The State appeals an order suppressing evidence from a vehicle seizure. The Florida Fifth District Court of Appeal reverses, holding that law enforcement had sufficient probable cause to seize and search the vehicle based on an armed robbery victim's immediate identification of t
• Abraham v. State
  155 So. 3d 491· Fla. 3d DCA· 2015-01-21
  Harvey Abraham was convicted of leaving the scene of an accident causing death and tampering with physical evidence after he struck and killed an 11-year-old child with his pickup truck and fled the scene. On appeal, he challenged the suppression ruling denying his motion to excl
• State v. Flowers
  147 So. 3d 658· Fla. 5th DCA· 2014-09-19
  The State appeals a trial court's order suppressing a firearm, arguing the defendant was not seized under the Fourth Amendment when he discarded the weapon. The appellate court reverses, holding that because the defendant was not physically subdued or submitting to police authori
• Wilburn Thomas v. State
  144 So. 3d 660· Fla. 2d DCA· 2014-08-08
  Wilburn Thomas appealed the denial of his motion to suppress evidence after pleading no contest to drug possession and resisting an officer. The court reversed, holding that the traffic stop was illegal because officers lacked reasonable suspicion of criminal activity, making the
• State v. Jones
  138 So. 3d 1227· Fla. 1st DCA· 2014-06-03
  Florida appellate court reversed the trial court's denial of suppression for physical evidence obtained after an illegal detention, while affirming suppression of statements made during that detention.
• United States v. Gomez
  1991 WL 66398· S.D. Fla.· 2013-05-15
• Pizio v. DHSMV
  9th Cir. Ct. App. Div.· 2013-05-01
  Ted Pizio petitioned for a writ of certiorari to review the Florida Department of Highway Safety and Motor Vehicles' decision sustaining the suspension of his driver's license for refusing to submit to a breath test. The Ninth Judicial Circuit Court affirmed the administrative su
• In & for New Castle Cnty.
  Del. Super. Ct.· 2012-12-13
  The Court held that the defendant's first statement, made on December 7, 2011, required partial suppression from the point he requested his mother, as this constituted an ambiguous invocation of his right to remain silent that the interrogating detective failed to clarify. Howeve
• Fant v. State
  72 So. 3d 784· Fla. 5th DCA· 2011-10-14
  The court held that the evidence seized from Fant on January 10, 2006, must be suppressed because it was the fruit of an illegal search conducted on October 5, 2005.
• Shepard v. State
  65 So. 3d 1085· Fla. 4th DCA· 2011-06-08
  The appellate court affirmed the denial of a postconviction motion, holding that an allegedly illegal arrest does not, by itself, prohibit prosecution or require the exclusion of evidence. The court clarified that the exclusionary rule applies to unlawfully seized evidence, not t
• State v. Benny Albritton
  58 So. 3d 894· Fla. 2d DCA· 2011-03-02
  The State appeals a trial court order suppressing pharmacy records containing controlled substance prescriptions obtained from multiple pharmacies without a warrant. The Second District Court of Appeal reverses, holding that Florida Statute § 893.07(4) authorizes law enforcement
• United States v. Bergin
  732 F. Supp. 2d 1235· M.D. Fla.· 2010-08-06
  The court held that while a second warrantless entry by Deputy Canfield to confirm observations violated the Fourth Amendment, the initial lawful observations were not tainted. The court also found that the existence of a safe, known to investigators, did not necessitate a findin
• See Mann v. State
  9th Cir. Ct. App. Div.· 2010-07-01
  Rosa appealed his DUI conviction after a nolo contendere plea, challenging the denial of his motion to suppress evidence. The appellate court reversed because the trial court misallocated the burden of proof by requiring Rosa to demonstrate the invalidity of the warrantless stop,
• Kresge v. State
  22 So. 3d 694· Fla. 1st DCA· 2009-11-10
  The court held that the trial court erred in summarily denying the postconviction motion without attaching record portions conclusively refuting the claim.
• Hall
  Del.· 2009-10-13
  The Delaware Supreme Court affirmed the judgments of conviction, holding that the trial judge properly denied the defendant's motion to suppress evidence. The court found that the police had a reasonable and articulable suspicion to detain the defendant based on his actions in a
• Jackson
  Del.· 2009-07-13
  The Delaware Supreme Court affirmed the Superior Court's judgments of conviction. The Court held that the Superior Court did not abuse its discretion in denying the defendant's motion to sever the charges, as joinder was not prejudicial. Furthermore, the Court concluded that the
• Yosmar Poviones v. State
  15 So. 3d 599· Fla. 3d DCA· 2009-05-27
  Yosmar Poviones was convicted of attempted first-degree murder, attempted felony murder, armed burglary, and firearms offenses after shooting a police officer during a burglary. On appeal, Poviones challenged the denial of his motion to suppress evidence obtained from his arrest
• Ettinger v. City of W. Palm Beach
  15th Cir. Ct. App. Div.· 2008-11-19
  Harold Ettinger appealed a code enforcement violation finding based on unpermitted construction work discovered during a warrantless post-fire inspection of his condominium. The appellate court reversed, holding that the warrantless search violated the Fourth Amendment and that t
• In & for New Castle Cnty.
  Del. Super. Ct.· 2008-11-19
  The Court held that the traffic stop was unreasonably extended in duration and scope beyond what was reasonably related to the initial noise violation, constituting a violation of the Fourth Amendment and the Delaware Constitution. Consequently, the physical evidence seized and s
• United States v. Smalls
  617 F. Supp. 2d 1240· S.D. Fla.· 2008-10-24
  The court affirmed the magistrate judge's report, denying the motion to suppress physical evidence and granting it in part for statements made in response to questioning about injuries, while denying suppression for other statements.
• Lopez-Vazquez
  Del.· 2008-08-29
  The Superior Court erred in denying the motion to suppress evidence obtained as a result of an illegal stop. The court found that the police lacked reasonable and articulable suspicion to seize the defendant, rendering his subsequent consent to search tainted. Therefore, the judg
• United States v. Stiner
  551 F. Supp. 2d 1350· M.D. Fla.· 2008-03-18
  The court adopted the magistrate judge's recommendation to deny the motion to suppress, finding the entry into the residence was consensual and the firearm was in plain view.
• United States v. Jackson
  548 F. Supp. 2d 1314· M.D. Fla.· 2008-03-06
  The court held that the traffic stop, searches, and seizure of the vehicle were lawful, as probable cause existed based on wiretap intelligence and K-9 alerts, and the defendant provided voluntary consent for the initial search.
• United States v. Ramirez-Monroy
  544 F. Supp. 2d 1319· M.D. Fla.· 2008-02-25
  The court held that the Border Patrol officer had reasonable suspicion to stop the defendant's vehicle based on a totality of articulable facts and rational inferences, consistent with established legal standards.
• State v. Young
  971 So. 2d 968· Fla. 4th DCA· 2008-01-02
  The State appeals a suppression order in an arson and battery case, arguing the trial court erred in finding the initial stop of the defendant unlawful. The Fourth District Court of Appeal reversed, holding that the deputy had reasonable suspicion for the traffic stop based on th
• Austin v. State
  965 So. 2d 853· Fla. 2d DCA· 2007-09-28
  Samuel Austin appeals his convictions for cocaine possession, fleeing to elude, and obstructing an officer, arguing the trial court erred in denying his motion to suppress cocaine allegedly obtained through an illegal traffic stop based on erroneous license plate information. The
• Andrews v. State
  962 So. 2d 971· Fla. 1st DCA· 2007-07-26
  Andrea Andrews appeals the denial of her motion to suppress evidence of cocaine paraphernalia found during a lawful investigatory traffic stop. The court affirmed the suppression denial, holding that officers lawfully ordered all vehicle occupants to exit following a proper stop
• State v. Austin
  933 So. 2d 1242· Fla. 3d DCA· 2006-07-19
• Manuel v. State
  932 So. 2d 1120· Fla. 3d DCA· 2006-06-14
  The court held that the arresting officer lacked reasonable suspicion to detain the defendant, making the subsequent seizure of evidence illegal.
• Dominguez-Reyes v. State
  913 So. 2d 732· Fla. 3d DCA· 2005-11-02
  The court held that the border search doctrine was inapplicable to the defendant, rendering the stop and search illegal and the subsequent evidence inadmissible.
• State v. Villate
  901 So. 2d 953· Fla. 3d DCA· 2005-05-04
  The continued detention of a defendant after the initial lawful stop for a traffic infraction, without reasonable suspicion of further criminal activity, is unlawful.
• State of Del. v. Reeder
  Del. Super. Ct.· 2005-02-24
  The court denied the defendant's motion for postconviction relief and motion to correct sentence. The court found that the defendant's claims were either procedurally barred, meritless, or failed to meet the standard for ineffective assistance of counsel. The court also found tha
• State v. Collins
  874 So. 2d 724· Fla. 2d DCA· 2004-06-09
  The appellate court reversed the trial court's order suppressing evidence found in the defendant's jacket, finding that the defendant's flight and the circumstances provided probable cause for the search.
• Purnell
  Del.· 2003-09-16
  The Superior Court erred in denying the defendant's motion to suppress evidence seized during a second, non-consensual search following a lawful Terry stop. The second search was conducted not for officer safety, but to gather evidence, rendering it an unlawful search and seizure
• In & for New Castle Cnty.
  Del. Super. Ct.· 2003-08-08
  The Court GRANTED in part and DENIED in part the Defendant's Motion to Suppress. Statements made during the first interview were admissible because the defendant was not in custody. However, statements made during the second and third interviews were suppressed due to violations
• Rigoberto Caso v. State
  848 So. 2d 1228· Fla. 2d DCA· 2003-07-09
  Rigoberto Caso sought postconviction relief on an ineffective assistance of counsel claim, alleging his counsel failed to investigate police coercion that induced him to consent to a home search. The appellate court reversed the trial court's summary denial, finding the claim leg
• Bludsaw v. State
  837 So. 2d 1188· Fla. 2d DCA· 2003-02-28
  The court held that the police lacked reasonable suspicion to detain the defendant beyond the initial traffic stop, rendering his subsequent consent to search involuntary.