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Explore document draftingDefendant's Motion to Suppress Evidence
COMES NOW the Defendant, JOHN DOE, by and through undersigned counsel, and pursuant to the Fourth Amendment and Article I, Section 12 of the Florida Constitution, moves to suppress all evidence obtained as a result of his unlawful detention, and states:
1. The Defendant was stopped for a minor traffic infraction on the date in question.
2. An officer may not extend a completed traffic stop to conduct a dog sniff absent reasonable suspicion. Rodriguez v. United States, 575 U.S. 348, 350–51 (2015).
3. The deputy concluded the mission of the stop, then detained the Defendant an additional seven minutes without a lawful basis.
WHEREFORE, the Defendant respectfully requests that this Court suppress all evidence flowing from the unlawful detention.
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569 U.S. 1 · U.S. Supreme Court · 2013
“The government's use of trained police dogs to investigate the home and its immediate surroundings is a ‘search’ within the meaning of the Fourth Amendment.”
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