When does a search become illegal and do any civil remedies exist? 1 Answers as of September 21, 2017

As I was driving home from work, I was followed for several miles by an officer. I pulled into my driveway. I locked my car door and was stopped. The officer said that my car looked similar to a car that was just in a shooting. I drive a 2015 Ford Explorer. Roof rack, front and rear brush guard and light bars. It looks like an undercover. I explained to the office that this was my home. I had just left work and didn't know about any shooting. He pressed on shinning his light in my car, asking if he could search it. I told him no. That I had nothing to do with whatever he was investigating. But he continued to press that my vehicle looked like the one leaving a shooting a few minutes ago and he is going to search it. I told him my car can't shoot at anyone and that he hadn't said anything about me matching any description. He called for backup and 2 more officers arrived. They put me in handcuffs and place me in a squad car. Thirty minutes later, they searched my car and find under a gram of marijuana. I was arrested and bonded out. I have a public defender. The public defender after seeing pictures of my car. Filed a motion to surprise the evidence on a bad bolo. When that man who arrested me took the stand at that hearing I found out: 1) that the shooting went out on lookout for (2) two suspects. That by the time he pulled me over, they had a positive description of who they were looking for. Not only did he admit to those facts in court. He also admitted that I did not resemble the shooter. He also said he patrols the neighborhood I live in. Basically, he recognized the car knew I was headed home. He just had never seen me a black male, 6ft, 230lb. He couldn't help himself car and he used the guise of a shooting. He knew I had nothing to do with to search my car. Since I didn't violate any traffic rules and got out of the car at home, was he losing his chance? These facts were clear and a judge in small town denied my motion to surprise.

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R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
You made a conscious decision to have the public defender represent you. You stuck with that decision and now you are surprised by the outcome? I think it is marvelous that the pd filed a motion to suppress. Now, you have to ask only that person what the next step is, and I am simply not going to do all of the research that would be required to answer your question of when a search becomes illegal. There must be more than a few thousand cases to read on this particular subject.
Answer Applies to: Florida
Replied: 9/21/2017
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