Ballard v. State

Florida Circuit Courts

Ballard v. State

24 Fla. Supp. 2d 164

CourtCircuit Court for the Judicial Circuits of Florida

DecidedAugust 26, 1987

DocketCase No. 86-290 AC (County Case No. 41446,7,8NU)

StatusPublished

This text of 24 Fla. Supp. 2d 164 (Ballard v. State) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ballard v. State, 24 Fla. Supp. 2d 164 (Fla. Super. Ct. 1987).

Pincite

Opinion

OPINION OF THE COURT

GREENBAUM, Judge.

[165]*165The Trial Court denied the Defendant’s Motion to Suppress. The issue to be determined was whether the State was required to present those guidelines which established the parameters of the road block.

The State must prove the legality of its search and automobile road block stop, by presenting to the Court proper established guidelines. By its failure to properly present this primary material evidence, they fail to meet the burden of proof necessary to establish the legality of the road block, thereby violating the Defendant’s Constitutional rights as guaranteed by the Fourth and Fourteenth Amendments of the United States Constitution.

According, this case is reversed and the Motion to Suppress is granted.

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OPINION OF THE COURT

GREENBAUM, Judge.

[165]*165The Trial Court denied the Defendant’s Motion to Suppress. The issue to be determined was whether the State was required to present those guidelines which established the parameters of the road block.

The State must prove the legality of its search and automobile road block stop, by presenting to the Court proper established guidelines. By its failure to properly present this primary material evidence, they fail to meet the burden of proof necessary to establish the legality of the road block, thereby violating the Defendant’s Constitutional rights as guaranteed by the Fourth and Fourteenth Amendments of the United States Constitution.

According, this case is reversed and the Motion to Suppress is granted.

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Bluebook (online)

24 Fla. Supp. 2d 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-state-flacirct-1987.