Leonardo Cabrera v. State of Florida

── Leonardo Cabrera v. State of Florida ── Court: District Court of Appeal of Florida Date: May 13, 2026 Category: General Third District Court of Appeal State of Florida Opinion filed May 13, 2026. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-1324 Lower Tribunal No. F22-23260 ________________ Leonardo Cabrera, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge. Daniel J. Tibbitt, P.A., and Daniel J. Tibbitt, for appellant. James Uthmeier, Attorney General, and Jason Michael Ross, Assistant Attorney General, for appellee. Before FERNANDEZ, MILLER and LOBREE, JJ. PER CURIAM.  Leonardo Cabrera appeals the trial court’s order denying his motion to suppress his statements, rooster paraphernalia, and other documents related to Cabrera’s cockfighting and animal cruelty charges. In the narrow circumstances before us today, we reverse the trial court’s order and remand the case with directions that the trial court grant Cabrera’s motion to suppress. On January 18, 2023, the State filed an Information charging Cabrera with two counts relating to owning and selling roosters and possessing materials used for cockfighting and one count of animal cruelty. Cabrera filed a motion to suppress and argued that Miami-Dade Police violated his constitutional right to be free of unlawful searches and seizures when the police officer entered Cabrera’s property. Cabrera claimed that Detective Kevin Rodriguez had alleged there was a federal search warrant issued for the property for reasons unrelated to cockfighting, but the federal search warrant had not been produced to the defense. Cabrera alleged that he did not know if the federal search warrant existed and, if it did exist, whether the federal warrant was properly issued. The motion to suppress alleged that Detective Rodriguez had no idea of any criminal activity at Cabrera’s residence until he was called by the FBI, which was after federal authorities had entered the property on an unknown basis. Cabrera asserted that he 2 never consented to the search and that subsequent statements he gave were not freely and voluntarily given. The State did not file a response to the motion. At the hearing on the motion to suppress, the State contended it did not have access to the federal search warrant. The defense presented its case first, and the following evidence was introduced at the hearing: Cabrera testified that on December 20, 2022, the subject property at 24480 S.W. 123rd Avenue was his home, and he was living there. His entire property is surrounded by a six-foot-fence. The FBI showed up at his door and “simply busted the door open and came in.” There were eighty to one-hundred law enforcement officers that showed up at his house with bullet proof cars and “one of those war tanks.” The FBI agents busted his door open, broke a shed he had on his property, and broke his car. He asked to see a search warrant, but the agents did not provide him one or ever show him one. The FBI did not obtain Cabrera’s consent, nor did any agent speak to him. After the FBI entered his property and did their search, Miami-Dade police arrived and arrested Cabrera. He asked the Miami-Dade officers for a warrant, but Miami-Dade police also never showed him a warrant. Cabrera never consented to their search. 3  Cabrera testified he did not refuse to speak “because I said, well, I haven’t committed any crime, so I have nothing to hide.” He was advised he had a right to remain silent, had a right to an attorney, and that if he c