Our client was parked in a truck on the side of a dirt road, when an Alachua County Deputy performed an investigatory stop. The Deputy ordered our client out of at gunpoint. Our client was subsequently arrested and charged with DUI.
Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the deputy who was responding for a call for service for shots fired at a house did not have reasonable suspicion to perform an investigatory stop. Therefore, the attorneys argued that everything after the stop including the DUI investigation must be thrown out as fruit of the poisonous tree.
The State pursued prosecution against our client based on the fact that there was an independent basis for the stop. Our attorneys fought hard and in a motion to suppress hearing convinced the Judge that not only was investigatory stop unconstitutional, but that any independent basis for the stop was not compelling because it was not articulated in the Deputy’s arrest report or supplemented to the report at a later date.
The Judge granted our attorney’s motion and The State had no choice but to dismiss the case against our client.