Driving With A Suspended License Unlawful Stop

The defendant was stopped by a law enforcement officer for the sole purpose of checking the status of his driver’s license.  After the defendant was stopped, the officer obtained the defendants’ driver’s license and discovered it was suspended.  The defendant was arrested and charged with driving with a suspended license.  The defendant moved the trial court to suppress all the evidence from the stop.  The trial court denied the defendant’s motion to suppress.  The defendant appealed and ultimately the Florida Supreme Court ruled that “when, as in the instant case, an officer unlawfully stops the defendant solely to determine whether or she is driving with a suspended license, that the officer’s post-stop observation of the defendant behind the wheel must be suppressed.

See State v. Perkins, 760 S0.2d 85 (Fla. 2000)

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