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Trial Court Order Reversed for Relying on Outdated Law

Nov 5, 2013 | Criminal Defense |

In Moore v. State, 38 Fla. L. Weekly D2184a (Fla. 2nd DCA 2013), a trial court order was reversed due to the fact that the trial court judge relied on outdated law.

In that case, Moore filed a motion to suppress items discovered during a stop. An officer had stopped Moore because the information the Officer received when running Moore’s tag on the in-car computer system confirmed that the tag was registered to Moore, but indicated that the tag was not assigned to the vehicle he was driving. The information was incorrect because the data had not been correctly entered into the computer system by the Department of Highway Safety and Motor Vehicles.

Because the trial court relied on an overturned case in denying the motion to suppress, and because newer case law and newer legislation suggested differing outcomes, the case was remanded for a new suppression hearing.

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