Police encounters usually catch us off guard and surprise us when we least expect it. If you have had a police encounter and you or a loved one were arrested after it, this information may be helpful.
First and foremost, you should know the difference between the three types of police encounters along with the rights given to you by the United States Constitution.
There are three types of police encounters:
A consensual encounter occurs when an individual is approached by a police officer and the officer initiates conversation. A consensual encounter does not involve police commands, force, or lights and sirens. There is no need for a crime or even a suspicion of a crime to have occurred for a consensual encounter to take place.
The officer may ask you questions and you have the right to refuse to answer.
During a Consensual Encounter you have the right to:
The test to determine if a police officer is conducting a consensual encounter or an investigatory stop is whether a reasonable person would not feel free to leave.
Some people would feel as if they are not free to leave if the officer is asking the individual questions in a forceful manner or if several officers surround the individual. When in doubt simply ask the officer, “Am I free to leave?”
If an officer shows authority in a manner that restrains the individual’s freedom of movement such that a reasonable person would feel compelled to comply, the consensual encounter has now become an investigatory stop.
The second level of encounter is called an Investigatory Stop or Investigatory Detention. Also known as a Terry Stop from the legal case Terry v. Ohio, 392 U.S. 1 (1968). In Terry, the Supreme Court held that police may briefly detain an individual who they reasonably suspect is involved in criminal activity.
The key term here is reasonable suspicion.
In order for a police officer to detain a person for investigation, the officer must have reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
During an Investigatory Stop you do not have the right to walk away. You do not have the right to refuse to identify yourself. However, you do have the right to tell the officer you do not wish to speak to them. Remember this is your constitutionally guaranteed Fifth Amendment right to remain silent.
The United States Constitution states, “Citizen’s Fourth Amendment rights are triggered during investigatory stop, and such stop requires proof of well-founded, articulable suspicion of criminal activity.
Whether an officer has a founded suspicion for a stop depends on the totality of the circumstances, in light of the officer’s knowledge and experience; a bare suspicion or mere hunch that criminal activity may be occurring is not sufficient.”
In other words, it is against the law for a police officer to conduct an investigatory stop without reasonable suspicion of criminal activity.
Stop and Frisk is another term for detention. During this brief detention, the police officer may “frisk” your outer clothing, if he or she has reason to believe you have any weapons on you. This is done for the officer’s safety. However, during this frisk, if the officer feels something from plain touch and can tell it is contraband they can then do a full search of your person because now they have probable cause to conduct a search.
After this detention, the officer must either let you go or, if probable cause is found, make an arrest.
The last level of police encounters involves an arrest.
An officer makes an arrest by physically restraining a person or by using authority in order to show that the individual is not free to leave. The officer must have probable cause that the individual committed a crime in order to make the arrest.
The key term here is probable cause.
Probable cause is the legal standard that a police officer must have in order to make an arrest, conduct a personal or property search, or obtain a warrant for arrest. Probable cause is a stronger standard than reasonable suspicion and because of that it requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.
A police officer may make an arrest without a warrant in several circumstances, some of those include:
However, there are some misdemeanors offenses where Florida law allows an officer to make an arrest without a warrant and even when the crime was not committed in the officer’s presence.
If you are arrested try to stay calm. Do not resist the officer, this will only make things worse and give the officer another opportunity to add an additional charge to your record. But most of all remember your right to remain silent and your right to an attorney.
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