Can the Police Just Stop Me on the Street and Search Me for No Reason in Florida?

Under Florida's "Stop and Frisk Law" if a police officer comes sees a person under circumstances which "reasonably indicate" that they have committed, are committing, or are about to commit a crime, the officer can temporarily detain them for the purpose of asking their identity and the circumstances surrounding the person's presence.

The law also provides that you can't be detained any longer than is "reasonably necessary" to make that determination by police. The detention can't extend beyond the place where it was first made. If during the temporary detention probable cause for the arrest of a person is developed the person can be arrested. If no probable cause for the arrest of the person is developed, the person has to be released

As far as an actual "pat down" search is concerned, if a lawful stop occurs and during the stop, the officer develops reasonable suspicion that the person is armed with a dangerous weapon and is a threat to the safety of the officer or anyone else, the officer may search such person only to the extent necessary to disclose the presence of any weapon.

If you believe that you have been subjected to an unlawful search, then please call my office at 305-330-1976 to obtain representation that you can trust!

Categories