How Suppression Motions Win Cases

Being accused of solicitation of a minor in Florida is one of the most serious life events a person can face. The accusations alone can cost someone employment opportunities, reputation, relationships, and freedom. When digital evidence such as text messages, chat logs, screenshots, online sting communications, or data extracted from electronic devices forms the foundation of the case, the key legal question becomes whether that evidence was legally obtained and whether it is reliable.

I have handled solicitation of a minor cases involving internet stings, undercover officers posing as minors, real minors, and situations involving miscommunication or identity confusion. Many of these cases rise and fall based on digital evidence. The law allows illegally obtained or unreliable electronic evidence to be excluded, which can lead to reductions or dismissals. This is often accomplished through suppression motions under Florida and federal constitutional law.

Every section that follows is designed to help you understand your situation without panic. My role is to analyze exactly how law enforcement gathered, preserved, and presented the evidence being used against you, and then fight to keep unlawfully obtained evidence out of court.

Understanding the Florida Solicitation of a Minor Statutes

The primary statute used in solicitation of a minor cases is Florida Statutes § 847.0135, often referred to as the Computer Pornography and Child Exploitation Prevention Act.

Because you selected Option B, here is the verbatim statutory text excerpted from § 847.0135(3):

“Any person who knowingly uses a computer online service Internet service or local bulletin board service or any device capable of electronic data storage or transmission to seduce solicit lure or entice or attempt to seduce solicit lure or entice a child or another person believed by the person to be a child to engage in any illegal act described in chapter 794 chapter 800 or chapter 827 or to otherwise engage in any unlawful sexual conduct with a child commits a felony of the third degree.”

The statute is broad. You will notice that it applies even when the “minor” is actually an undercover officer, if the accused believed the person was underage.

Here is a plain-language summary of the statute without quoting:

  • It is illegal to use the internet or electronic communication to solicit a person who is or is believed to be a minor

  • The law applies even if the other person is not a real minor

  • Attempted solicitation is included

  • A conviction can lead to prison, lifetime sex offender registration, and long-term restrictions

This statute is aggressively enforced in online sting operations across Florida, including through internet advertisements, chatrooms, messaging apps, and law enforcement posing as minors.

Digital Evidence in Solicitation of a Minor Cases

Prosecutors usually rely on:

  • Phone extractions

  • Chat logs

  • Social media messaging

  • Dating app records

  • Computer forensic images

  • Undercover sting transcripts

  • Recorded phone calls

  • IP address subscriber information

  • Location data

  • Search history

On the surface, prosecutors often present these materials as definitive. However, these records are not automatically admissible simply because they exist. They must be collected legally, preserved properly, authenticated, and tied to the correct person.

This is exactly where a private defense attorney becomes essential.

Can Digital Evidence Really Be Thrown Out?

Yes, it can. Suppression of evidence happens when constitutional rights are violated or evidentiary rules are not followed.

Common grounds to suppress digital evidence include:

  • A phone or computer was searched without a valid warrant

  • A warrant was overly broad and lacked particularity

  • Law enforcement exceeded the scope of the warrant

  • There was no probable cause to seize or search the device

  • Consent to search was not voluntary or was coerced

  • There were Miranda violations before statements were taken

  • Chain of custody was broken

  • Forensic extraction procedures were flawed

  • Data was modified, mislabeled, or taken out of context

  • Undercover officer conduct resulted in entrapment

Each of these is deeply fact-specific. That is why hiring a private attorney immediately is critical. I am able to challenge the exact methods police used to obtain the evidence in your case.

Understanding Search Warrants and Digital Devices

Under both the United States Constitution and the Florida Constitution, law enforcement usually needs a warrant to search the contents of a phone or computer.

Here is an important principle:

Even if you were lawfully arrested, that does not automatically give police unlimited authority to search every digital file on your device. Courts have recognized that phones contain vast amounts of private information.

Suppression becomes realistic when:

  • Officers search beyond the time frames listed in the warrant

  • Investigators review categories of files not listed in the warrant

  • The warrant affidavit contained false or misleading information

  • Data was seized first and justification created later

A private attorney has the freedom to file motions, subpoena records, consult forensic experts, and force the State to prove the legality of every step they took.

Entrapment Issues in Solicitation of a Minor Cases

Entrapment is a common defense argument in solicitation cases.

Under Florida Statutes § 777.201, entrapment exists when:

  • Law enforcement induces a person to commit a crime

  • The person was not already predisposed to commit the crime

Some sting operations push the limits of lawful police conduct. If officers initiated contact, escalated the conversation, or repeatedly pressured participation, this can support a defense. Each fact matters, including:

  • Who contacted whom first

  • Whether the accused expressed hesitation

  • How age was discussed

  • Whether threats or manipulation were used

I must emphasize that entrapment arguments are complex. They must be carefully constructed and supported by evidence rather than speculation. A private defense attorney can properly present the facts and legal arguments in court.

Authentication Problems With Digital Evidence

Digital information is subject to mislabeling, alteration, and misunderstanding.

Authentication issues include:

  • Incorrect phone attribution

  • Shared or borrowed devices

  • Multiple users on a computer

  • Message screenshots without metadata

  • Edited chat logs

  • Missing context or incomplete transcripts

The State must prove that the accused is actually the person who sent the messages. When authentication is weak, juries are instructed to doubt the reliability of the evidence.

Chain of Custody Problems

Digital evidence must be carefully tracked.

If prosecutors cannot show who handled the evidence at each stage, suppression can occur.

Weaknesses arise when:

  • Devices are transported without logs

  • Forensic images are created improperly

  • Data is handled by unauthorized personnel

  • Storage protocols are not followed

  • File timestamps are altered

This type of issue is often overlooked by inexperienced lawyers. A private defense attorney with the ability to scrutinize every step may uncover errors that significantly change the direction of the case.

A Real Case Example From My Practice

A client was charged after an undercover detective posed online as a 15-year-old. The State claimed that chat logs, images, and text messages proved solicitation. The police seized my client’s phone and performed a full forensic extraction.

Here is what I discovered:

  • The warrant authorized only a partial search of messages during a limited time frame

  • Investigators searched far outside that time frame

  • Evidence introduced in court came from those unauthorized portions

I filed a motion to suppress based on exceeding the scope of the warrant. The judge agreed that officers conducted a general exploratory search rather than a limited search as authorized. The key digital evidence was excluded, the State could no longer proceed, and the charges were dismissed.

This outcome required carefully reviewing the warrant, forensic reports, and investigative logs, which is something a private attorney has the time and resources to do.

Why You Need a Private Attorney Immediately

Solicitation of a minor cases are prosecuted aggressively. Public defenders are often skilled, but they may not have the time necessary to examine every digital record, consult forensic experts, or pursue complex suppression litigation.

A private defense attorney can:

  • File early suppression motions

  • Demand forensic reports and device images

  • Challenge warrants and affidavits

  • Retain digital forensic experts

  • Carefully review body cam and interview recordings

  • Prepare for trial while negotiating reductions

Early intervention often changes results.

Possible Outcomes After Successful Suppression

If key digital evidence is excluded, several outcomes may occur:

  • Full dismissal of charges

  • Reduction to lesser charges

  • Avoidance of sex offender registration

  • Reduced incarceration exposure

  • Ability to obtain sealing or expungement in certain circumstances

Every case is different, but without digital evidence, solicitation prosecutions frequently collapse.

Additional Related Florida Statutes

Other statutes commonly involved include:

  • §934 Interception of communications laws

  • §943.0435 Sex offender registration requirements

  • §777.04 Criminal attempt statute

  • §90 Evidence Code rules on authentication and hearsay

Each statute may offer opportunities to limit or challenge the State’s evidence.

Florida Solicitation of a Minor Defense Frequently Asked Questions

Can my phone really be searched after a solicitation arrest?
Not automatically. Police generally need a valid search warrant or valid consent to search the contents of your phone. If the search went beyond what the warrant allowed, suppression may be available. A private attorney can review the warrant and forensic reports to see if your rights were violated.

What happens if digital evidence is thrown out?
If prosecutors lose critical chat logs, phone extractions, or online communication records, many solicitation cases cannot continue. In some situations, charges are dismissed. In others, charges are reduced. The specific impact depends on how much of the State’s case depended on the suppressed material.

Is it entrapment if an undercover officer pretended to be a minor?
Not automatically. The law allows undercover activity, but it does not allow police to pressure someone into committing a crime they were not predisposed to commit. If officers encouraged or pushed the conduct, an entrapment defense may exist. A private attorney must examine the full communication history.

Can screenshots alone support a conviction?
Screenshots without metadata often raise authenticity issues. They can be altered or incomplete. Courts generally require proper authentication. A defense attorney can challenge whether screenshots are reliable or whether the State can prove who sent them.

Do I have to speak to police during an investigation?
No. You have the right to remain silent and the right to counsel. Speaking to investigators without an attorney often results in statements being used against you. Invoking your rights protects you from misunderstandings and from unintentionally strengthening the case against you.

What if the “minor” was actually an adult?
Under Florida law, belief is often what matters. If the accused believed the other person was a minor, charges can still be filed. That said, defense options remain available, including suppression, entrapment, and authentication challenges.

Will I have to register as a sex offender if convicted?
Many solicitation convictions require registration. However, successful suppression motions, favorable plea negotiations, or reduced charges may prevent registration. Early legal representation significantly affects this outcome.

Are solicitation of a minor cases winnable?
Yes. Many cases have weaknesses involving digital evidence collection, warrant validity, entrapment, authentication, or chain of custody. Each case turns on facts and law rather than assumptions about guilt.

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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.