After having lunch with some business associates, my client, a single-engine airplane pilot, decided to take a shortcut on his way back to his office through Port Everglades. In the aftermath of 9-11, the port had been cordoned off to prevent the free flow of traffic. However, before reaching the exact location of the roadblock, my client turned off on a side street and went around the roadblock.My client was stopped by Broward County Deputy Sheriffs despite the fact that he had committed no traffic violations. Still, the police detected an odor of an alcoholic beverage, flushed face and slurred speech. My client admitted to having a beer at lunch but maintained that he was perfectly sober. The client was offered a breath test, which he refused to take – just on principle since the police said even if he blew under the legal limit, he would not be released without first being booked into the county jail and having to post bond.
Before commencing trial, I submitted a motion to suppress evidence on the grounds that the stop of his motor vehicle was an unlawful seizure in violation of the U.S. and Florida Constitutions since the stop conducted was without any legal justification.
The judge agreed and the Motion to Suppress was GRANTED!
