Many people may be familiar with the Fourth Amendment to the Constitution and its protection against illegal searches and seizures. Fewer people may be familiar with is the “exclusionary rule.’ This rule is something that may help you to get harmful evidence thrown out in your case if the police obtained that evidence through an illegal arrest. To get the proof suppressed, though, you still have to know what the correct legal rules are and the correct way to go about seeking suppression. In other words, you need to be sure that you have a knowledgeable Tampa Bay criminal defense attorney on your side working to protect your rights.
J.R.D.’s case was one that involved this rule and was an important victory for anyone illegally arrested due to mistakes made by the police. The case arose from a police stop of J.R.D. and his identical twin brother. The officer did a computer check and the sheriff’s department’s computerized warrant system said that both brothers had outstanding warrants. The officer called dispatch to confirm that the computer information was correct. The dispatcher told the officer that J.R.D. had an outstanding warrant, but his brother did not.
The officer arrested J.R.D. and, after searching him, found illegal drugs. On the way to the jail, the officer discovered that both the computer and the dispatcher were wrong – J.R.D. did not have any outstanding warrants. (It turns out that his brother did and he did not.) Despite this revelation, the officer took J.R.D. to jail and the state charged him for possession of controlled substance.