Case No: 13-XXXXXXMM10A
Facts: Davie Police Officer XXX XXXXXX observed a blue Ford Mustang sitting in the right turn lane into the Country Creek community. The vehicle had its windows down, the engine was off and there were no lights on in the vehicle. The officer approached the vehicle and observed a white male in the driver’s seat. The vehicle was off but the keys were still in the ignition. The driver was slumped forward and appeared to be sleeping.
The officer stated that he smelled the odor of alcohol coming from the passenger compartment. Prior to making entry to the vehicle or speaking with the driver, the officer requested a DUI backup officer to come to the scene so that the interaction for the DUI investigation could be captured on video. The officer then opened the door of the vehicle and removed the keys from the ignition so that the driver would not be able to place the vehicle in motion when he was awoken. After removing the keys from the ignition, the officer woke the driver.
The officer immediately requested that the driver exit the vehicle to begin a DUI investigation. At the conclusion of the DUI investigation, the driver was arrested for DUI and taken to the Davie Police Department to submit to a breath test. The driver provided a breath sample of .119 and .120.
Outcome: Mr. Sobel filed a motion to suppress all of the evidence in this matter arguing that the officer did not have the requisite level of suspicion to enter the vehicle and seize the keys from the ignition. In seizing the keys, the officer seized the driver.
The court agreed and suppressed all of the evidence including the breath sample of the defendant. The state was forced to dismiss all of the charges.