October 18, 2011
Case Results for criminal client attempted purchase of oxycodone

Charge:    attempted purchase of oxycodone
Palm Beach Judge:        Karen Miller
Disposition:    charges dropped June 28, 2011


Cases

2011CF001900AXXXMB
Charge:    possession of cocaine
Judge:        Kastrenakes
Disposition:    After motion to suppress filed, state dropped charges on 9/19/11 


Cases

2010CF009598AMB
Charge:    possession of schedule II substance; evidence tampering
Judge:        Rapp
Disposition:    Motion to suppress granted.  Case dropped on 7/5/11


Cases

2011CT000012AXXXMB
Charge:    DUI
Judge:        Marni Bryson
Disposition:    Motion to suppress granted.  Case dropped on

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What is a Bad Arrest?

As seen on:

Grey Tesh

1610 Southern Blvd. West Palm Beach, FL
33406

Board Certified Criminal Trial Specialist
(561) 686-6886

A “bad arrest” occurs when an officer arrests someone based upon a “mistake of law.” A mistake of law, no matter how reasonable, can never merit an arrest based upon probable cause. In Chanthasouxat, an officer stopped a vehicle because the vehicle did not have an inside rear view mirror which the officer thought was required by law. During the search of the care, cocaine was found.

The evidence was not allowed to be used because it was deemed to be acquired from an illegal arrest and search. The excluded evidence included statements that were made by the defendants while seated in the rear of the patrol car.

However, a mistake of fact will not prevent an officer from successfully admitting evidence into court. The question comes down to whether the officer’s mistake was reasonable.