Illegal Stops and Detentions in Florida

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The issue of illegal traffic stops in Florida has raised significant concern due to the frequent infringement upon constitutional rights. Under the Fourth Amendment to the United States Constitution, citizens are safeguarded against unreasonable searches and seizures, a protection that extends to traffic stops. Illegal stops are a constant source of litigation in Fort Lauderdale and throughout South Florida for DUI lawyers. In Florida, as in all states, law enforcement officers are bound by specific laws and guidelines when initiating traffic stops. Failure to adhere to these rules can lead to an illegal traffic stop.

The first determinant of an illegal traffic stop is the lack of reasonable suspicion or probable cause. Law enforcement officials must have reasonable suspicion that a traffic law has been violated or that criminal activity is afoot to initiate a traffic stop.

Reasonable Suspicion

Reasonable suspicion is a legal standard used in Florida, and across the United States, that allows law enforcement officers to briefly detain and question a person if the officer has a reasonable belief that the individual is involved in criminal activity. This standard is less than probable cause, which is necessary to justify an arrest.

In Florida, the reasonable suspicion standard is applied based on the totality of circumstances. This means that an officer must use factual, specific, and articulable evidence, rather than just a hunch or gut feeling, to justify the suspicion of criminal activity. The evidence can include the officer's observations, information from reliable sources, or a combination of factors that, when taken together, suggest criminal activity.

For example, an officer might have reasonable suspicion to initiate a traffic stop if a vehicle is weaving erratically within a lane, which could suggest impaired driving. Similarly, if an individual matches a description given in a reliable crime report, an officer might have reasonable suspicion to briefly detain and question that person.

However, it's crucial to note that reasonable suspicion must be based on objective facts and rational inferences, and cannot be based on personal biases or prejudices. Therefore, factors like race, ethnicity, or neighborhood should not be the sole reason for initiating a stop or detention. If a stop or detention is based solely on these factors, it could be considered a violation of a person's Fourth Amendment rights, which guard against unreasonable searches and seizures.

Probable Cause

Probable cause is a legal standard used in Florida and across the United States that allows law enforcement officers to make an arrest, conduct a personal or property search, or obtain a warrant. It is a higher standard than reasonable suspicion and requires more concrete evidence.

In Florida, the probable cause standard is used to determine whether a reasonable person would believe that a crime has been committed, is being committed, or will be committed. This belief should be based on factual evidence, not merely suspicion or a hunch. The evidence can be derived from a police officer's personal observations, information from reliable informants, or even circumstantial evidence that would lead a reasonable person to believe a crime has occurred.

For example, if a police officer smells the strong odor of marijuana coming from a vehicle during a traffic stop, this could provide probable cause to search the vehicle for illegal substances. Similarly, if an officer observes an individual forcibly entering a home, this could provide probable cause for an arrest for burglary.

Like reasonable suspicion, probable cause must be objectively justifiable, meaning it cannot be based on subjective factors like an individual's race, ethnicity, or the neighborhood they are in. If an arrest or search is conducted without probable cause, it could be considered a violation of the individual's Fourth Amendment rights, which protect against unreasonable searches and seizures.

In situations where there's doubt about the existence of probable cause, law enforcement officers can seek a warrant from a judge, who can review the evidence and determine whether it meets the standard for probable cause. This judicial oversight helps to maintain the balance between law enforcement needs and individual rights.

Traffic stops become illegal when they are unnecessarily prolonged beyond the time required to address the initial reason for the stop. The U.S. Supreme Court, in the case of Rodriguez v. United States, ruled that a traffic stop prolonged beyond the time needed to handle the matter for which the stop was made violated the Constitution’s shield against unreasonable seizures. In this case, a K-9 sniff was conducted after the officer had issued a warning ticket to the driver, which the court found had unnecessarily prolonged the stop without reasonable suspicion of criminal activity.

In Florida, as per the Fourth Amendment of the U.S. Constitution, prolonged traffic stops that extend beyond the time necessary to handle the matter for which the stop was made in the first place are considered unlawful, unless there is a separate legal reason to justify the extension. The fundamental principle here is that a traffic stop can become unlawful if it is unnecessarily prolonged beyond the time required to complete the mission of the stop.

Consequently, evidence obtained from an unlawfully prolonged traffic stop can be subject to suppression in Florida courts. The exclusionary rule applies, which prevents the government from using most evidence gathered in violation of the United States Constitution. Therefore, if a traffic stop is unduly prolonged without a separate valid reason, any evidence obtained during the unlawful extension of the stop may be suppressed and not admissible in court.

It's crucial for law enforcement to respect the parameters of a traffic stop, ensuring it doesn't extend beyond the time needed to address the initial reason for the stop, unless a separate legal justification exists. Otherwise, any evidence obtained may be subject to suppression by your DUI lawyer, potentially undermining the prosecution's case. If you have been unduly detained in an illegal stop in Fort Lauderdale or South Florida, you should contact a DUI defense lawyer.

At The Law Office of Sean Clayton, PA, our dedicated team of DUI lawyers specializes in providing vigorous defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.

Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.

Following a DUI arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases. First, there is the administrative case with the DHSMV, which focuses on the suspension of your driver’s license. The second is the criminal case which unfolds in the courts. Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.

We strongly encourage anyone accused of DUI with property damage to consult with a DUI attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney. 

Getting pulled over is stressful. Tensions run high and, as is often the case in life, a calm steady can be beneficial. Being calm and polite does not mean, however, abandoning your rights. There is no benefit in forgoing the rights granted you under the constitution, particularly if it could lead to incrimination. So, what can you do?

When you see the lights behind you, you must pull over.  You should immediately reduce speed, thereby signaling your intent to stop.  Safely exit the lanes of travel on the shoulder or in a safe parking lot.  Do your best to remove yourself from traffic and to avoid risking an accident.

If you are suspicious, perhaps it's an unmarked unit, proceed to a well-lit populated area. If none is immediately present, maintain your low speed, call the local law enforcement agency or 911, explain that you are being stopped, give your location, and tell them that you are not certain if the trailing person is in fact a law enforcement officer.  They may be in a position to inform you if they are, in fact, officers or to dispatch a second unit for confirmation. 

Keeping your hands visible will reduce tension and prevent misunderstanding during the officer's approach.

Police officers are empowered to order you out of the car or, conversely, order you to remain in the car. Until you know which is acceptable or preferred, remain seated in your vehicle.

If you are exercising the privilege of driving, you must produce your driver's license upon request. Also, vehicles must have a current registration and all required insurances, so be prepared to provide proof.

This is just a good rule of thumb and generally achieves better results

You have a right to remain silent. As such, you can refuse further questioning. If you do not wish provide further information, simply respond that you are respectfully declining to answer questions.

Law enforcement must have probable cause to search. All too often, clients were only discovered to be in possession of contraband due to their consent. Again, cooperation simply has no benefit when police are on a fishing expedition.

In Florida, you have a right to record police in a public space, performing their duties, as long as you don't interfere with them conducting their investigation or arrest. in direct contradiction to that right, there is a statute that makes audio recording another without permission illegal.  While the right to record will likely trump any surreptitious audio recording, it may not prevent arrest if the officer is so inclined. Obviously, you can inform the officer and ask permission. More on that in our article,  To Record the Police or Not... There is No Question.