State v. Fortesa-Ruiz

I respectfully dissent. I find two grounds upon which I would reverse and remand: (1) the suppression of the evidence amounted to a dismissal and is unduly harsh; and (2) the motion to suppress fails to comply with rule 3.190(h), Florida Rules of Criminal Procedure, because: (a) it does not clearly state the particular evidence sought to be suppressed; and (b) it fails to state sufficient facts which, if true, would demonstrate that the evidence is inadmissible. Both of these grounds would independently support a reversal.

I

SUPPRESSION AMOUNTED TO AN IMPROPER DISMISSAL AND WAS UNDULY HARSH.

On…