Tampa Attorney for Motion to Suppress Evidence

When facing criminal charges in Tampa or Hillsborough County, the evidence against you can determine the outcome of your case. But what if that evidence was obtained unlawfully? A motion to suppress evidence is a critical legal tool that can prevent improperly obtained evidence from being used against you.

At The Brancato Law Firm, P.A., attorney Rocky Brancato brings over 25 years of criminal defense experience, including time in an elite sex crimes unit, to challenge unconstitutional searches, unlawful police conduct, and violations of your rights. If the prosecution’s case relies on illegally obtained evidence, filing a motion to suppress can create leverage, force the state to reconsider its case, and sometimes even result in dismissal of charges.

What Is a Motion to Suppress?

A motion to suppress is a legal request asking the court to exclude specific evidence from a criminal trial because it was obtained in violation of your constitutional rights. If granted, the prosecution cannot use that evidence against you, which may lead to reduced charges or even dismissal.

Under Florida Rule of Criminal Procedure 3.190(h), a motion to suppress must:

• Clearly state the specific evidence to be suppressed
• Provide the factual and legal bases for suppression

Legal Grounds for Suppressing Evidence

Suppression of Evidence from an Illegal Search and Seizure

Florida Rule of Criminal Procedure 3.190(h) identifies five grounds for suppressing evidence seized pursuant to an unlawful search and seizure:

1. Evidence illegally seized without a warrant – If police obtained evidence without a valid warrant and no exception applies, it may be suppressed.
2. Warrant insufficient on its face – If a search warrant lacks the necessary legal requirements, any evidence obtained through that warrant may be excluded.
3. No probable cause for the warrant – If law enforcement did not establish a legitimate basis for the warrant, the search may be unconstitutional.
4. Search exceeded the scope of the warrant – If officers search areas or seize items beyond what is authorized in the warrant, the evidence may be inadmissible.
5. Warrant was illegally executed – If police fail to follow legal procedures when executing a warrant, such as entering without announcing themselves when required, the search may be invalid.

Suppression of a Defendant’s Confession or Admissions

Under Florida Rule of Criminal Procedure 3.190(i)(1), a defendant’s confession or admission must be suppressed if it was illegally obtained. This principle originates from the landmark Miranda v. Arizona, 384 U.S. 436 (1966) decision, in which the United States Supreme Court held that law enforcement must inform individuals of their rights before custodial interrogation. The Court ruled that failing to advise a suspect of their right to remain silent and right to an attorney renders any statements made inadmissible in the prosecution’s case-in-chief.

This means that if police fail to properly advise a suspect of their Miranda rights or obtain a confession through coercion, the court may suppress the statement.

• Failure to give Miranda warnings – If police question a suspect in custody without informing them of their rights, any statements made may be suppressed.
• Involuntary confessions – If law enforcement coerced, threatened, or improperly pressured a defendant into confessing, the statement may be ruled inadmissible.

However, even if a statement is suppressed, it may still be used for impeachment if the defendant testifies inconsistently at trial. See Harris v. New York, 401 U.S. 222 (1971). This means that while the confession cannot be used as direct evidence of guilt, it can be introduced to challenge the defendant’s credibility. For this reason, an experienced attorney may advise a defendant not to testify if their statements in court will contradict what was previously suppressed.

The Exclusionary Rule and Why It Matters

In the United States, when police violate the law while gathering evidence, they are not usually fined, punished, or incarcerated for their misconduct. Instead, courts apply what is known as the exclusionary rule, which prevents unlawfully obtained evidence from being used in court.

The purpose of the exclusionary rule is to deter unlawful police conduct. By ensuring that evidence obtained through unconstitutional searches, improper interrogations, or other legal violations cannot be used, the law discourages future violations of constitutional rights.

Suppression Motions as a Legal Strategy

Using Suppression Motions to Gain Leverage in Plea Negotiations

Even if a motion to suppress is never heard in court, the mere act of filing it can pressure the prosecutor into offering a better plea deal. This is because:

• The prosecution may risk losing key evidence if the judge grants the motion.
• Without that evidence, the state may not be able to prove its case beyond a reasonable doubt.
• The prosecutor may offer to reduce felony charges to a misdemeanor rather than risk the suppression motion succeeding.

The Risk of Losing a Suppression Motion

While a suppression motion can be a strong legal tool, there are risks involved:

• If the motion is denied, the evidence can be used against the defendant at trial.
• The issue of suppression may have to be addressed on appeal, which can only happen after a conviction.
• Losing a suppression motion may put a defendant in a weaker negotiating position.

An experienced attorney can evaluate whether filing or going forward on a motion to suppress is the best strategy in your case.

Why Choose Rocky Brancato for Your Motion to Suppress?

Filing a motion to suppress requires an attorney with a deep understanding of constitutional law, strategic litigation, and police procedures. Rocky Brancato has successfully challenged unlawful evidence in high-stakes cases, including sex crimes, child abuse, and violent offenses.

What sets him apart is his commitment to:

• Conducting thorough independent investigations
• Challenging law enforcement procedures and forensic methods
• Ensuring evidence was lawfully obtained before it is used against you
• Using expert testimony to expose constitutional violations

How a Successful Motion to Suppress Can Impact Your Case

If a motion to suppress is granted, the prosecution loses access to key evidence, which can:

• Result in dismissal of charges if the state no longer has enough proof.
• Provide leverage to get the prosecution to reduce charges, leading to a better plea deal.
• Strengthen your defense for trial, increasing the chances of acquittal.

Contact a Tampa Criminal Defense Attorney Today

If you are facing criminal charges in Tampa or Hillsborough County, do not assume that all evidence against you is valid. An improperly obtained confession, illegal search, or other constitutional violation could be the difference between conviction and freedom.

At The Brancato Law Firm, P.A., we fight aggressively to suppress unlawfully obtained evidence and protect your constitutional rights. Call 813-592-8981 today for a confidential consultation and start building your defense.