The Okeechobee County Sheriff’s Office received a complaint in reference to a felony uttering a forged check at a supermarket in the amount of $360. The clerk of the supermarket provided information that the suspect fled in a gray van with Illinois plates. A deputy initiated a traffic stop on a gray van with Illinois plates driven by the Defendant about one mile from the supermarket. Believing the Defendant matched the description of the suspect, the deputy transported the Defendant back to the supermarket for a “show-up.” At the supermarket, the clerk positively identified the Defendant as the person who passed the forged check. The defendant was searched and $360 was found in his pocket. The Defendant remained in jail with no bond because he was not a citizen of the United States. The Assistant State Attorney demanded six months in jail. Defense Counsel drafted legal documents challenging the transportation of the Defendant from the location of the traffic stop to the supermarket. Defense Counsel argued the transportation turned the temporary detention into an arrest prior to the establishment of probable cause, thus violating the Defendant’s Constitutional Rights. Based on Defense Counsel’s argument, the case resolved and the Defendant was immediately released from jail.
DUI & Criminal Division
