I am a Florida criminal defense attorney and I believe I can provide assistance in this matter.
Unfortunately, there is no pre-trial motion contained within the Florida rules of criminal procedure to address this issue. Instead, as your question alluded to, this is a trial issue. In trial, this is obviously something that could be used to your benefit. Not only does this discredit the police officer but it also suggests that the victim may not be a victim at all.
Having said all that, you still may be able to use the information to avoid a trial. The prosecutor was at the deposition as well and should be aware of the issue. If so, this can certainly be part of the plea negotiation process and may well lead to a reduction or dismissal of the charges.
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where can i find the proper format to a motion to supress the evidence in in florida and are the rules published
i assume the rules to the motion.....do i get to call witness and sopena ppl?
If you're referring to a motion related to your initial issue, as I stated above, there is no appropriate motion. However, if you're referring to some other evidence that you think may be subject to an order to suppress, then the relevant rules would be found in the Florida rules of criminal procedure.
This portion may be what you are looking for:
(g) Motion to Suppress Evidence in Unlawful Search. .
A defendant aggrieved by an unlawful search and seizure may move to suppress anything so obtained for use as evidence because:
(A) the property was illegally seized without a warrant;
(B) the warrant is insufficient on its face;
(C) the property seized is not the property described in the warrant;
(D) there was no probable cause for believing the existence of the grounds on which the warrant was issued; or
(E) the warrant was illegally executed.
(2) Contents of Motion.
Every motion to suppress evidence shall state clearly the particular evidence sought to be suppressed, the reasons for suppression, and a general statement of the facts on which the motion is based.
Before hearing evidence, the court shall determine if the motion is legally sufficient. If it is not, the motion shall be denied. If the court hears the motion on its merits, the defendant shall present evidence supporting the defendant‘s position and the state may offer rebuttal evidence.
(4) Time for Filing.
The motion to suppress shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court may entertain the motion or an appropriate objection at the trial.
As to the format to use, the best resource is your local law library. The library will likely have templates for documents that are acceptable in your particular jurisdiction.
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