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If You Are Arrested in Florida If you are Arrested In Florida, you should...
If You Are Arrested In Florida If you are arrested in Florida, you should tell police:
If you do those three things, that will substantially increase the chances of hearing the beautiful words "not guilty!"
You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense. Police officers, under Florida law, are obligated to identify themselves and to advise you that you are under arrest and why, unless circumstances make it impossible for them to do so at that time. You may, in fact, be under arrest even though no one has actually used the word "arrest" or any other comparable word. The fact that you have been deprived of your freedom of movement in some significant manner may amount legally to an arrest. Ordinarily, private citizens do not have power of arrest in Florida; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved.
CAN A LAW ENFORCEMENT OFFICER DETAIN YOU WITHOUT ARRESTING YOU? Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location. If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found unless they arrest you. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons. At the conclusion of this temporary detention the officer must either arrest you or let you go. If you should enter a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer's presence.
WHEN ARE YOU ARRESTED WITH A WARRANT? A police officer may arrest you at any time if he or she has a warrant for your arrest, or if the officer knows that a warrant for your arrest has been issued. A warrant is an order issued by a court charging that you committed a particular crime and directing the sheriff and all police officers of the state to arrest you and bring you before the court. You may require the officer to read the warrant after you have been arrested. An arrest warrant should not be confused with a search warrant.
WHEN ARE YOU ARRESTED WITHOUT A WARRANT? In Florida, a police officer may make an arrest without a warrant under a variety of circumstances. Among those circumstances are:
Under Florida law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana and a few others.
CAN AN OFFICER USE FORCE WHEN MAKING AN ARREST? The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty. Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.
While the law of search and seizure is very complex, and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an improper search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask the officer to identify himself or herself. In most cases involving search and seizure issues, "reasonableness" of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant, they may search only that area or portion authorized in the warrant itself. You are entitled to have a copy of the search warrant left with you and served on you if you are present. If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They also may check the rest of the house for any hidden accomplices. They may seize any contraband, stolen property, instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be. Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell the officer if you have a relative or friend who will come and get it, or that you have a preference of your own station, to tow your car.
You want to get their record sealed.
If you are Arrested in Florida As a board certified criminal lawyer, I represents clients charged
with serious federal and state criminal offenses, like felonies and
DUI, before federal criminal courts and state criminal courts in
West Palm Beach, Miami, Fort Lauderdale, Palm Beach, Jupiter, Boca
Raton, Wellington, Palm Beach Gardens, Stuart, Martin County, Fort
Pierce, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando,
Tallahassee, Key Largo, Key West, and all state criminal courts in
Florida and all federal criminal courts throughout the United States
of America. |
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