State of Florida v. Jelves, 7 So. 3d 1112 (Fla. 3d DCA 2009)

FLORIDA APPEALS COURT UPHOLDS ORDER GRANTING SUPPRESSION OF EVIDENCE

Client, a non-U.S. citizen, was arrested for felony cultivation of marijuana in his home in Miami, Florida and charged with unlawful manufacture and possession with intent to sell, manufacture, and deliver cannabis and attempted tampering with or fabricating physical evidence. Police claimed that client consented to the search of his home. Client hired Della Fera who handled the matter from the inception of the case and won a motion to suppress the search of the client’s home convincing the judge that his client’s “supposed” consent was involuntary and there was no other legitimate basis for the police to search the home. The State appealed the judge’s granting of Della Fera’s motion. Della Fera also represented the client in the appeal and upheld the judge’s decision. Aa a result, all charges were dropped, the client served no jail time and avoided a mandatory deportation order.