1 bad thing, 1 GREAT thing!

Had my first client sent to prison today. 2 1/2 years on a probation violation. I thought we won the VOP hearing. The Judge thought otherwise. This guy is an idiot and has mouthed off in court before. The judge didn't like him and hit him with the max. It is a strange feeling. He will pay me to appeal. We have some legitimate issues.

The Great News:

It is very complex so I won't bore you all to death, but, I won a motion to suppress hearing today. The Judge said something to the effect of "Police Departments throughout the State are using this statute to effectuate traffic stops in poor areas of town where things like this occur due to the ecomonic situation in the community. Many, if not most, of these traffic stops result in searches discovering drug or weapon evidence to be used in a criminal proceeding. I feel strongly that defense counsel is correct in his interpretation of the statute and, as such, I will grant the Motion to Suppress. However, there is a serious need for uniform enforcement of this statute throughout the State. Accordingly, I implore the State to appeal this decision. I would also request that the 4TH DISTRICT COURT OF APPEAL CERTIFY THIS QUESTION TO THE FLORIDA SUPREME COURT AS A MATTER OF GREAT PUBLIC IMPORTANCE."

HOLY SHIT! I seriously hope the State appeals and the 4th DCA certifies. The Supreme Court probably won't hear it as it seems a little trivial for a Supreme Court case, but I will definately be there to argue it.

And if they overturn it, now there's precedent to use against all future clients.


Shaz - No worries. I am right. I am dead on. The basis of the stop was a violation of the noise emmition statute from a vehicle prohibiting an individual OPERATING a motor vehicle from playing music plainly audible by greater than 25 feet.

Operating is defined as actual physical control.

Actual physical control requires a person to be in or on a motor vehicle.

My client was standing outside of the vehicle while the engine was running right by the closed door.

No APC = No PC = Motion to Suppress Granted.

State argued that actual physical control has a different meaning under this statute as they claim it doesn't require the individual to be able to drive the vehicle, but only operate the radio.

Again, I don't think the SC will hear it. Also, I AM RIGHT!