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Court Suppresses Evidence

The court granted the defendant's motion to suppress statements and evidence. The court found that while the initial traffic stop was lawful, the defendant's detention was unlawful after he received his warning and paperwork since the purpose of the stop had ended. The court also found that the officers had no legal basis to search the defendant's vehicle after he denied consent. The officers prevented the defendant from leaving as he was legally entitled to do, and any injuries resulted from the officers' illegal actions. Based on the evidence and case law presented, the court suppressed the statements and evidence against the defendant.

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9K views2 pages

Court Suppresses Evidence

The court granted the defendant's motion to suppress statements and evidence. The court found that while the initial traffic stop was lawful, the defendant's detention was unlawful after he received his warning and paperwork since the purpose of the stop had ended. The court also found that the officers had no legal basis to search the defendant's vehicle after he denied consent. The officers prevented the defendant from leaving as he was legally entitled to do, and any injuries resulted from the officers' illegal actions. Based on the evidence and case law presented, the court suppressed the statements and evidence against the defendant.

Uploaded by

jhbryan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE CIRCUIT COURT, SEVENTH

JUDICIAL CIRCUIT, IN AND FOR


VOLUSIA COUNTY, FLORIDA

STATE OF FLORIDA,

v.

KARY RAYMOND JARVIS,


Defendant. CASE NO.: 2020 305143 CFDB
/ JUDGE SANDRA C. UPCHURCH

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS

THIS CAUSE having come before the Court upon the Defendant's Motion to Suppress
statements and physical evidence, and having considered the evidence in the case and arguments
by counsel, the Court makes the following findings of fact and conclusions of law:

On October 23, 2020, Kary Jarvis was driving a vehicle lawfully stopped by law
enforcement for the infraction of failing to stop at a stop bar. Officers received his paperwork
and decided to issue him a warning. The stop concluded, as did any lawfulness of his detention,
once Mr. Jarvis received his warning, driver's license, and paperwork. Mr. Jarvis was free to
leave as any normal citizen stopped for a traffic infraction would be.

The entirety of what occurred during the stop was captured on body cam which was
entered into evidence. The Court has reviewed the videos and finds what occurred
uncomfortable. The Court finds the videos are the best evidence of what occurred that day.

Despite the lawful purpose of the stop ending, officers asked for permission to search the
vehicle. Mr. Jarvis exercised his constitutional right and denied permission. Despite Mr. Jarvis'
denial, police continued to ask for consent and argued with Mr. Jarvis as to why he would not
consent. The Court finds Mr. Jarvis was unlawfully detained after his first denial of consent.

It is clear from the evidence presented that the officers were going to search Mr. Jarvis'
vehicle whether they received consent or not. The Court finds the officers had no legal basis to
search Mr. Jarvis' vehicle.

Mr. Jarvis attempted to exercise his right to leave. Officers prevented that from
happening and attempted to unlawfully arrest him. Had officers allowed Mr. Jarvis to leave, as
he was entitled to, no one would have gotten hurt. The injuries resulted from the officers own
illegal activity.

Based on the defendant's arguments and case law presented, the defendant's motion to
suppress is GRANTED.

10/21/2021 02:24:11 PM Clerk of the Circuit Court, Volusia County, Florida


2020-305143-CFDB

DONE AND ORDERED in Daytona Beach, Volusia County, Florida.

0/21/2921 2. PM 2020

e-Signed 10/21/2021 2:23 PM 2020 305143 CFDE


SANDRA C. UPCHURCH
CIRCUIT JUDGE

Copies to:
Ashley N. Gilger, Assistant Public Defender
Mark Interlicchio, Assistant State Attorney

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