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I WAS STOPPED IN A TRAFFIC STOP FOR NONE OPERATIONAL 3RD…

I WAS STOPPED IN...

I WAS STOPPED IN A TRAFFIC STOP FOR NONE OPERATIONAL 3RD BRAKE LIGHT IN FL.UPON APPROCHING THE VEHICLE ON DRIVERS SIDE THE OFFICER ASK DO I KNOW WHY HE STOPPED ME,I TELL HIM NO SIR AND HE SAYS BECAUSE MYTHIRD BRAKE LIGHT WASNT WORKING,THENHE TAKES A STEP FORWARD AND LOOKS IN THE WINDOW STILL ON DRIVERS SIDE TO THE PASSENGER WHICH IS MY SON AND HE STARTS QUESTIONING HIM ABOUT HIM DRIVING AND FOR HIM TO KEEP DOIUNG WHAT HE'S DOING AND THEY GONNA GET HIM.IS THIS LEGAL FOR HIM TO QUESTION MY CHILD WHILE HE HAS STOPPED ME FOR TRAFFIC STOP.THEN LATER ON HE PUTS ME IN HANDCUFFS UNDER ARREST FOR POSS.OF FIREARM BY CONVICTEDS FELON AND HE SAYS TO MY SON AGAIN, BOY YOU KNOW YOU THE REASON YOUR M0M IS GOING TO JAIL SO THIS TRAFFIC STOP WASNT TO ME BOUT A NON WORKING 3RD BRAKE LIGHT IT WAS ABOUT MY SONWHOM HE DIDNT CATCH DRIVING BUT STOPPED ME AFTER I PICKED MY SON UP WHOM WAS A PASSENGER IN MY VEHICLE

Lawyer's Assistant: Have you talked to a FL lawyer about this?

NONE OTHER THAN PUBLIUC DEFENDER WHO TOLD ME THE STATES ATTORNEY WAS RECOMENDING 36MO,DOC FOR MY CHARGE.BUT THAT HE WAS GONNA ASK FOR THE MOTION OF DISCOVERY AND REVEIW IT THAT HE THOUGHT IT COULD BE AND IMPROPER TRAFFIC STOP

Lawyer's Assistant: What steps have you taken so far?

IVE JUST WENT TO SEE THE PUBLIC DEFENDER THIS PAST MONDAY MARCH 12

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I HAVNT BEEN INVOLED WITH THE LAW OR IN ANBY KIND OF TROUBLE IN 14 YEARS PRYOR TO BEING STOPPED ON THE 5TH OF FEB.AND TAKEN TO JAIL

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Answered in 3 hours by:
3/15/2018
Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 31,384
Experience: 18+ years of high-volume criminal defense work from arraignment through plea or trial.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Traffic Law Question

If a police officer has what is called an articulable suspicion -- something less than probable cause but more than a hunch -- he can pull a car over. Driving too fast, too slow, too erratically, too aggressively, too tentatively, having a broken tail light, a dirty license plate, too darkly tinted windows, just about anything you can think of can be a predicate for a stop. Here the officer is going to say that you had a defective brake light. If that is so, that would allow him to stop the car.

From there the officer can ask for identification, even order you and your passengers out of the car if he wishes and do a pat down for his safety. If during the course of all this, the officer sees something that indicates that something more is going on than originally met the eye, he can proceed to investigate further, and even look into the car and take what's in plain view. What he cannot do is a full-scale search without either a warrant or a warrant exception, such as your consenting to the search.

There is a procedure set down by the US Supreme Court to determine whether your constitutional rights were violated by an improper search and seizure, because all of the facts and circumstances of each particular case have to be heard before a court will determine whether police conduct was or wasn't proper. If you want to fight your case, you would be entitled to a pre-trial hearing on the issue of the stop and all that flowed from it to see if the police overstepped their authority in violation of your 4th Amendment rights. If you win that hearing, the firearm would be thrown out of the case.

At such a hearing the prosecutor will put the officer who stopped you on the stand, and have him tell why he pulled you over, and how it led to your arrest. As part of that, he would have to explain the search. Your lawyer would then get the opportunity to cross-examine the officer and show how he violated your rights without probable cause or a warrant. If the officer never ticketed you for the brake light, for example, that could be important to show that the so-called bro***** *****ght was just an excuse for an illegal stop.

The standard that the court must use to judge such a hearing has also been set down by the Supreme Court. It is what a reasonable officer would do under the same circumstances. If the judge finds the search unreasonable, the evidence improperly taken could be suppressed, meaning it can't be used against you. Without the gun, there could be no possession case. Your criminal charges would have to be dismissed.

If you're going to fight your case, however, make sure you do it through a lawyer. Suppression hearings are not easy to win. Judges give a great deal of deference to the judgment calls of police who are out in the field.

Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 31,384
Experience: 18+ years of high-volume criminal defense work from arraignment through plea or trial.
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