How to Get Illegally Obtained Evidence Suppressed

Being accused of solicitation of a minor in Florida is one of the most serious and frightening situations a person can face. These cases often involve aggressive investigations, undercover operations, and full phone downloads that expose every message, photo, and history item on a device. Prosecutors rely heavily on digital evidence. That means the legality of the phone search, the warrant, and the way officers handled the download can make or break the case.

I defend people accused of solicitation of a minor throughout Florida. My role is to protect constitutional rights, challenge illegally obtained evidence, and force the state to prove its case. One of the most powerful defense tools in these cases is a motion to suppress, especially when law enforcement downloads an entire phone or cloud account without following the law.

Below, I explain how full phone downloads occur, what the law allows, when it goes too far, and how suppression can lead to dismissed charges or major reductions. I also explain why having a private attorney is critical at every step, because digital evidence cases are complex, technical, and unforgiving when mistakes are made early.

What is solicitation of a minor in Florida?

Florida’s primary solicitation statute is Section 847.0135, Florida Statutes, often referred to as the “computer solicitation” law. These cases commonly arise from text messages, chat apps, social media, and undercover sting operations where police pose as minors.

Relevant Statute Text, quoted verbatim

Florida Statute § 847.0135(3)(a) states:

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

Summary of the statute, in plain language

The law makes it a felony to:

  • communicate through electronic means

  • with a person who is a child or believed to be a child

  • for the purpose of unlawful sexual conduct

Attempt is enough. No physical meeting is required. The communication itself is the alleged crime.

Penalties can include:

  • lengthy prison sentences

  • lifetime sex offender registration

  • probation with strict restrictions

  • loss of employment, family, and reputation

These stakes explain why suppressing illegally obtained evidence can change the outcome of the case completely.

Did police perform a full phone download in your case?

In solicitation investigations, officers often seize a phone and complete a “full extraction” using forensic software. This may include:

  • text messages

  • deleted messages

  • images and videos

  • app content

  • search history

  • GPS data

  • cloud backups

The critical question is not only what they found, but how they obtained it.

Even damaging content can be excluded if it was obtained illegally. Suppression means the jury never hears about it, and in many solicitation cases, that destroys the prosecution’s ability to proceed.

Do police need a warrant to search your phone in Florida?

Yes, in nearly every situation.

The United States Supreme Court and Florida courts have made clear that phones are not like wallets or pockets. They contain a lifetime of private information. A search generally requires a valid warrant issued by a judge, supported by probable cause, and limited in scope.

Florida applies these principles under:

  • Article I, Section 12 of the Florida Constitution

  • the Fourth Amendment to the U.S. Constitution

  • Florida search warrant statutes

Relevant Florida warrant statute, quoted verbatim

Florida Statute § 933.02(1) lists what may be searched and seized under a warrant:

“A search warrant may be issued under the provisions of this chapter upon any of the following grounds:
(a) When the property shall have been stolen or embezzled in violation of law,
(b) When the property shall have been used as a means to commit any crime,
(c) When the property is in the possession of any person with the intent to use it as a means to commit any crime, or
(d) When the property constitutes evidence relevant to proving the commission of a felony.”

Summary of the statute

The law requires:

  • a warrant issued by a neutral judge

  • based on sworn facts

  • describing the place to be searched

  • describing the specific items to be seized

A general “search everything” approach is unlawful. If officers exceed the warrant, evidence can be suppressed.

When is a full phone download illegal?

Here are situations where suppression may be appropriate:

  • No warrant was obtained at all

  • The warrant was defective, such as lacking probable cause

  • The warrant was overbroad, allowing unlimited search unrelated to the case

  • Consent was coerced, meaning you did not freely agree

  • The search exceeded the warrant’s scope, for example, downloading years of unrelated data

  • The forensic extraction continued after consent was withdrawn

  • Cloud accounts were searched without separate authorization

A private attorney is essential here because these arguments are fact intensive. They require reviewing:

  • search warrants

  • affidavits

  • extraction reports

  • chain of custody logs

  • officer body camera footage

  • forensic software output reports

Public defenders are skilled professionals, but heavy caseloads often limit their ability to fully litigate digital forensics issues. Private counsel can commit the time and resources required for deep evidentiary review and motion practice.

Common defenses in solicitation of a minor cases

Defenses depend on the specific facts. Common strategies include:

  • Illegal search and seizure, challenging the phone download

  • Entrapment, especially in undercover operations

  • Lack of intent, where messages are misinterpreted or incomplete

  • No actual minor involved, or belief issues

  • Insufficient evidence, when the case relies on assumptions

  • Identity issues, someone else using the device

  • Voluntariness of statements, challenging interrogations

A motion to suppress illegally obtained digital evidence is often the most decisive strategy. Without the phone content, prosecutors may not be able to proceed.

Real case example from my practice

A client was accused of solicitation following online communications with someone he believed was an adult. Police later claimed the person was actually an undercover officer posing as a minor. Officers seized his phone at the time of arrest and performed a complete forensic extraction, including years of personal photos and messages unrelated to the investigation.

The warrant authorized only seizure of communications involving the undercover operation, not a full life history. We filed a motion to suppress, arguing:

  • the warrant lacked particularity

  • the extraction far exceeded the stated objective

  • officers searched unrelated apps and cloud backups

The judge agreed that the search was too broad and violated constitutional limits. The digital evidence was suppressed. Without it, the prosecution dismissed the case. My client avoided prison, avoided sex offender registration, and protected his future.

This outcome depended on early intervention, careful review of warrant paperwork, and aggressive litigation of the motion. That is why immediate representation is so important.

What happens if evidence is suppressed?

When evidence is suppressed:

  • the jury cannot hear it

  • the prosecution often loses its key proof

  • plea negotiations may improve dramatically

  • charges may be reduced or dismissed

Suppression is not automatic. It must be requested through formal motion practice and argued at a hearing. This is a technical process requiring:

  • legal research

  • cross examination of investigators

  • expert testimony in some cases on forensic methods

A private attorney can retain digital forensic consultants when needed to challenge the state’s methods.

Why a private defense attorney matters immediately

These cases move fast. Digital evidence is copied, analyzed, and interpreted early. You need someone protecting your rights from the very beginning.

A private attorney can:

  • communicate directly with detectives and prosecutors

  • stop improper interviews

  • demand preservation of digital logs

  • request court hearings before damage is done

  • control the flow of information

  • prepare you for what to expect

When your future, your record, and your freedom are at stake, careful attention to every detail can make a decisive difference.

Additional Florida statutes that may apply

Depending on the case, prosecutors may also charge:

  • Attempt under § 777.04

  • Transmission of harmful material to minors under § 847.0138

  • Traveling to meet a minor under § 847.0135(4)

Sentencing may also trigger:

  • sex offender registration

  • computer restrictions

  • probation conditions

Defense work focuses on preventing these consequences wherever possible.

Florida Solicitation of a Minor Defense Frequently Asked Questions

Can police search my phone without a warrant in a solicitation of a minor investigation?
Generally no. Phones carry significant privacy protection. There are narrow exceptions such as valid voluntary consent or limited exigent circumstances, but officers frequently exceed lawful bounds. If evidence was taken without a warrant, or beyond the warrant’s scope, I can file a motion to suppress it.

What is a full phone download?
A full phone download is a complete extraction of data using specialized forensic tools. It often includes deleted data, app messages, GPS information, emails, photos, and cloud-stored items. If officers had authority only for limited communications but downloaded everything, suppression may be justified.

What happens during a motion to suppress?
The judge listens to testimony from officers and reviews warrants and reports. I argue that the search violated constitutional protections. If the judge agrees, the evidence is excluded. Many solicitation prosecutions cannot continue without the digital content.

What if I consented to the phone search?
Consent must be voluntary and informed. If you were threatened, confused, intoxicated, or misled, consent may not be valid. Also, consent to “look at messages” is not the same as consent to extract your entire device. Courts carefully evaluate the scope of any consent given.

Is talking to an undercover officer the same as talking to a real minor?
Yes for purposes of the solicitation law. The statute criminalizes communications with real minors and with people you believe are minors. That is why intent and state of mind are central issues in these cases. Entrapment can also be a valid defense in sting operations.

Can my charges be reduced or dismissed?
Yes, depending on the evidence. Suppression of phone downloads, entrapment issues, weak proof of intent, or lack of admissible communications may lead to dismissal or significant reductions. I work to undermine the state’s case until the prosecution loses confidence.

Will I have to register as a sex offender if convicted?
Some solicitation convictions require registration. Avoiding conviction or obtaining lesser charges is the best way to prevent lifetime consequences. Early legal representation gives you more options.

Should I talk to detectives if they call me?
No. Anything you say may be used as evidence. Politely decline interviews and contact counsel immediately. I handle all communications to protect your rights.

Is it possible to fight a case even if the messages look bad?
Yes. Illegally obtained messages can be excluded, context can be missing, or identity issues may exist. Screenshots can be unreliable. The key question is whether the state can actually introduce admissible evidence in court.

How soon should I hire a Florida Solicitation of a Minor Defense Attorney?
Immediately. Early intervention can prevent mistakes, preserve defenses, and improve your outcome. Waiting only benefits the prosecution.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

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.