Motion to Suppress Evidence in Florida

A motion to suppress in Florida is a pretrial request asking the judge to exclude evidence or statements the State obtained through an unlawful search, seizure, or interrogation, filed under Florida Rule of Criminal Procedure 3.190(g). The motion rests on the Fourth Amendment, Article I, Section 12 of the Florida Constitution, and the Miranda rules for custodial statements. Evidence the judge suppresses is inadmissible at trial.

Below: the rule, the legal basis, the grounds, the hearing and burden of proof, the exceptions, the deadline, and what happens after the ruling.

What Does Florida Rule 3.190(g) Say?

Florida Rule of Criminal Procedure 3.190(g) says that a defendant who claims the State obtained evidence through an unlawful search or seizure by a government agent, or obtained statements unlawfully from the defendant, may move to suppress that evidence. Beyond the filing deadline covered below, the rule sets four requirements:

• Contents. The motion must state the particular evidence or statements, the reasons for suppression, and the supporting facts.
• Legal sufficiency. The judge must deny a motion that is not legally sufficient.
• Evidence. The judge may receive evidence on any disputed fact.
• Written order. If the motion is granted, either party may request written findings of fact and conclusions of law before jeopardy attaches.

Did the 2026 amendments change the rule?

The amendments that took effect in 2026 combined the former separate subdivisions on suppressing evidence and suppressing confessions or admissions into one subdivision, Rule 3.190(g), titled “Motion to Suppress Evidence or Statements.” The Florida Supreme Court adopted the change in In re Amendments to Florida Rule of Criminal Procedure 3.190, 421 So. 3d 424 (Fla. 2025), effective July 13, 2026.

What Is the Legal Basis for Suppressing Evidence in Florida?

The legal basis for suppressing evidence in Florida is the exclusionary rule, which bars the State from using evidence obtained in violation of the defendant’s constitutional rights. Three sources supply it:

• Fourth Amendment. The Fourth Amendment bars unreasonable searches and seizures. Mapp v. Ohio (1961) held that evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a state court.
• Article I, Section 12. The Florida Constitution protects the same right against an unlawful search and seizure and adds protection against unreasonable interception of private communications.
• Miranda v. Arizona (1966). The prosecution may not use statements from custodial interrogation unless it shows that safeguards protecting the privilege against self-incrimination, known as Miranda rights, were used.

What is Florida’s conformity clause?

Florida’s conformity clause is the sentence in Article I, Section 12 requiring the search and seizure right to be construed in conformity with the Fourth Amendment as interpreted by the U.S. Supreme Court. Evidence obtained in violation of the right is inadmissible in Florida if it would be inadmissible under U.S. Supreme Court decisions construing the Fourth Amendment.

What Are the Grounds for a Motion to Suppress?

The grounds for a motion to suppress are police actions that violated the Constitution or a Florida statute. The five grounds raised most often are:

• Illegal stop. Florida Statute 901.151 allows a temporary detention only when circumstances reasonably indicate criminal activity, so a stop without reasonable suspicion can taint the evidence that follows.
• Warrantless search. A search without a warrant is per se unreasonable unless it falls within a specifically established exception, such as consent or exigent circumstances (Hornblower v. State, Fla. 1977).
• Defective warrant. A Florida warrant must rest on probable cause supported by affidavit and particularly describe the place and items (Art. I, Sec. 12).
• Miranda violation. Statements from custodial interrogation without the required warnings and a valid waiver can be excluded (Miranda v. Arizona).
• Tainted consent. Consent given after an illegal detention is valid only if clear and convincing evidence shows it was not a product of the illegal police action (Reynolds v. State, Fla. 1992).

What grounds apply in DUI cases?

DUI cases add grounds tied to Florida’s implied consent law, Florida Statute 316.1932. A breath test must be incidental to a lawful arrest, so a DUI arrest that was not lawful can support a motion to suppress the result. A breath analysis is valid only if performed substantially according to Florida Department of Law Enforcement methods (Statute 316.1932(1)(b)2.).

How Does a Suppression Hearing Work?

A suppression hearing is a pretrial hearing in which the judge, not a jury, decides whether the State obtained the challenged evidence lawfully, after receiving testimony and other evidence on the disputed facts (Rule 3.190(g)(3)).

Who has the burden of proof at a suppression hearing?

The State carries the burden of proof when police searched without a warrant. In Hornblower v. State, the Florida Supreme Court held that the burden is on the State to show that exigent circumstances made getting a warrant unfeasible. The court quashed the lower court’s decision because the State could not carry that burden.

Two more burdens fall on the State:

• Consent. The State must prove voluntary consent by a preponderance of the evidence, or by clear and convincing evidence after illegal police conduct (Reynolds v. State).
• Miranda waiver. The State must prove a valid waiver by a preponderance of the evidence when it bears the burden on a motion to suppress a statement (Colorado v. Connelly, 1986).

What Evidence Can Be Suppressed?

Evidence that can be suppressed includes physical items, observations, statements, and evidence derived from the illegality. Wong Sun v. United States (1963) held that verbal evidence flowing from an unlawful entry and arrest is no less a fruit of official illegality than tangible evidence.

What is the fruit of the poisonous tree?

The fruit of the poisonous tree is evidence police reached by exploiting an earlier illegality. Wong Sun framed the test as whether the evidence was come at by exploitation of that illegality or by means sufficiently distinguishable to be purged of the primary taint.

What Are the Exceptions to the Exclusionary Rule?

The exceptions to the exclusionary rule allow the State to use evidence despite a constitutional violation. The four main exceptions are:

• Good faith. Evidence obtained in objectively reasonable reliance on a warrant later found invalid need not be excluded (United States v. Leon, 1984).
• Inevitable discovery. Evidence is admissible if the prosecution proves by a preponderance of the evidence that lawful means would ultimately or inevitably have discovered it (Nix v. Williams, 1984).
• Independent source. Evidence first found in an illegal search is admissible if later obtained through lawful activity untainted by the illegality (Murray v. United States, 1988).
• Attenuation. Evidence is admissible when its connection to the illegality has become so attenuated as to dissipate the taint (Wong Sun).

When does the good faith exception not apply?

The good faith exception does not apply, under Leon, when the affiant misled the judge with knowingly or recklessly false information, the judge abandoned the neutral role, the affidavit was so lacking in probable cause that reliance was entirely unreasonable, or the warrant was facially deficient.

Who has standing to file a motion to suppress?

A defendant has standing to file a motion to suppress when the search violated the defendant’s own Fourth Amendment rights. Rakas v. Illinois (1978) held that Fourth Amendment rights are personal and may not be vicariously asserted. Passengers who claimed no property or possessory interest in the car or the items seized could not challenge the search.

When Must a Motion to Suppress Be Filed in Florida?

A motion to suppress must be filed before trial or before a deadline set by the trial judge, unless there is good cause for the delay or the State does not object (Rule 3.190(g)(4)). Circuits may also set fixed deadlines by administrative order; the Eighteenth Judicial Circuit, for example, requires filing within 180 days after the charging document is filed in felony cases.

What Happens if a Motion to Suppress Is Granted?

A granted motion to suppress removes the excluded evidence from the State’s case at trial. The State may appeal a pretrial order suppressing confessions, admissions, or evidence obtained by search and seizure (Florida Rule of Appellate Procedure 9.140(c)(1)(B)).

What happens if the motion is denied?

A denied motion to suppress leaves the evidence in the case, and the defendant can preserve the ruling for appeal. A defendant who pleads guilty or no contest may expressly reserve the right to appeal a prior dispositive order, identifying the point of law with particularity (Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i)).

Why Hire The Law Offices of Robert David Malove?

Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, and is a former Assistant Public Defender in all three. The firm’s Fort Lauderdale office at 200 SE 9th Street is a short walk from the Broward County Courthouse.

A suppression issue can start with a stop, a home entry, or a police interview, so call a Fort Lauderdale criminal defense lawyer before answering questions.

Call (954) 861-0384 for a free consultation with a Fort Lauderdale motion to suppress lawyer.

Motion to Suppress in Florida: Frequently Asked Questions

Can a motion to suppress get a case dismissed in Florida?

A motion to suppress does not dismiss a case by itself, but a granted motion can leave the State without the evidence it needs to prove the charge. The State then decides whether to go forward on the remaining evidence, drop the charge, or appeal the suppression order under Rule 9.140(c)(1)(B).

Can statements to police be suppressed in Florida?

Statements to police can be suppressed in Florida when the State obtained them unlawfully, and Rule 3.190(g) now covers statements and physical evidence in one subdivision.