How Tampa Police Mistakes Can Lead to a Case Dismissal

When you are facing criminal charges in Tampa, every piece of evidence matters — and so does how that evidence was obtained. Police officers are human. They make mistakes. When those mistakes violate your constitutional rights, it can lead to critical evidence being thrown out — and in some cases, to your entire case being dismissed.

At The Brancato Law Firm, P.A., we have over 25 years of experience identifying and exposing police errors that can completely change the outcome of a criminal case. As the former head of the largest criminal defense firm in Tampa, Rocky Brancato has built a career on holding law enforcement accountable and protecting the rights of the accused.

Here is how police mistakes can make the difference between a conviction and a dismissal.

1. Illegal Traffic Stops

One of the most common police mistakes occurs before an arrest ever happens — during a traffic stop. Under the Fourth Amendment, police must have reasonable suspicion that a crime or traffic violation has occurred to justify pulling a vehicle over.

If the initial stop was unlawful, any evidence obtained after the stop — including confessions, contraband, or DUI breath results — can be suppressed. Without that evidence, the State may have no choice but to dismiss the charges.

At The Brancato Law Firm, P.A., we routinely challenge illegal stops in drug cases, DUI cases, and firearm cases throughout Hillsborough County.

2. Unlawful Searches and Seizures

Police must either have a warrant, valid consent, or a recognized legal exception to search your person, vehicle, or home. Unlawful searches are one of the most powerful grounds for suppression motions.

Examples include:

• Searching a car without probable cause

• Searching a home without a warrant or valid consent

• Conducting pat-downs without reasonable suspicion

If the search was illegal, any evidence found is considered “fruit of the poisonous tree” and can be excluded from trial. In many cases, once the evidence is thrown out, the prosecution cannot move forward.

3. Miranda Violations

If you are in custody and police interrogate you without properly advising you of your Miranda rights, any statements you make can be suppressed.

Common Miranda mistakes include:

• Failing to properly read Miranda rights

• Continuing to question after you request a lawyer

• Coercing confessions through threats or promises

Suppressed statements can weaken the State’s case significantly, especially in cases where confessions are a central piece of evidence.

4. Mishandling of Evidence

The chain of custody — the documented handling of evidence from seizure to trial — is critical in criminal cases. Breakdowns in the chain of custody can lead to evidence being thrown out.

Examples include:

• Lost or missing evidence

• Contamination of biological samples

• Inconsistent documentation of evidence transfers

When evidence is mishandled, a skilled defense attorney can challenge its reliability, often leading to suppression or dismissal.

5. Witness Intimidation or Misconduct

Police are prohibited from coercing witnesses, altering statements, or otherwise engaging in misconduct during investigations. When officers cross ethical or legal lines, it can undermine the entire prosecution.

Documented misconduct can support:

• Motions to dismiss

• Motions to suppress

• Motions to exclude tainted evidence

At The Brancato Law Firm, P.A., we aggressively investigate cases for signs of law enforcement misconduct, knowing that even one exposed error can tilt the scales in favor of the defense.

Conclusion: Police Mistakes Are Your Opportunity

Police errors are not rare. They happen every day. What matters is whether your defense attorney knows how to find them, expose them, and leverage them to your advantage.

At The Brancato Law Firm, P.A., we combine over 25 years of courtroom experience with a deep understanding of constitutional law to protect our clients. We know how to challenge illegal stops, unlawful searches, Miranda violations, and investigative misconduct — and we are prepared to fight to have your charges dismissed whenever possible.

If you have been arrested in Tampa, Ybor City, Brandon, or anywhere in Hillsborough County, contact The Brancato Law Firm, P.A. immediately. The sooner we act, the stronger your defense will be.

Call The Brancato Law Firm, P.A. today at (813) 592-8981 for a confidential case evaluation.

Serving Tampa, Ybor City, South Tampa, Brandon, and all of Hillsborough County.

Tampa Criminal Defense Lawyer