Being Stopped by the Police

In Popple v. State, 626 So.2d 185, 186 (Fla. 1993), the supreme court explained the three levels of police‑citizen encounters:
a. The first level is considered a consensual encounter and involves only minimal police contact. During a consensual encounter a citizen may either voluntarily comply with a police officer's requests or choose to ignore them. Because the citizen is free to leave during a consensual encounter, constitutional safeguards are not invoked. United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980).
b. The second level of police‑citizen encounters involves an investigatory stop as enunciated in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. ' 901.151 Fla. Stat. (1991). In order not to violate a citizen's Fourth Amendment rights, an investigatory stop requires a well‑founded, articulable suspicion of criminal activity. Mere suspicion is not enough to support a stop. Carter v. State, 454 So.2d 739 (Fla. 2d DCA 1984).
c. [T]he third level of police‑citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States, 361 U.S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959); ' 901.15 Fla. Stat. (1991). Brown v. State, 714 So.2d 1191

If the police are asking you if they can talk to you, kindly ask, “may I say no”. If the police tell you that you must or have to talk with them, then you have been stopped. Why is this important? Because if they don’t have reason to stop you, then anything illegal they find on you can be thrown out in a court of law. If you happen to be arrested in Dade (Miami), arrested in Broward (Fort Lauderdale), or arrested in Palm Beach, then any evidence they find can and will be inadmissible.

Call criminal defense attorney Phillip Menditto immediately.



Regards,
Phillip Menditto P.A.

Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: www.phillipmenditto.com

Hallandale Beach Red Light Cam Generates Big Bucks

HALLANDALE BEACH, Fla. (CBS4) ―

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The City of Miami Beach is expected to add 15 new red light cameras after a vote Wednesday night. The city currently has 10, and assistant City Manager Robert Middaugh says the cameras reduce traffic crashes and promote safer driving.

"It really does create a heightened awareness as people go up and down the streets to pay attention to the intersections and pay attention to the traffic laws," Middaugh said.

While Miami Beach plans to add cameras, Hallandale Beach Commissioner Keith London wants to get rid of the only red light camera in his city. He calls it a hidden tax.

"It's a speed trap, it's a red light traffic trap. It's about the revenue, it's not about public safety," London said.

CBS4's Natalia Zea did some checking and found that Miami Beach issues an average of 1,000 tickets a month, but that is small potatoes compared to Hallandale Beach's camera at the intersection of US-1 and Hallandale Beach Boulevard.

The one red light camera there is giving out an average of 700 more tickets every month than all 10 of Miami Beach's cameras combined.

Hallandale is making a killing off those tickets to the tune of $1 million since January. Some drivers were furious to learn that.

But Hallandale Beach police said there are simply more drivers making rolling turns on red lights at their intersection. 93 percent of the tickets they've issued were for that violation. CBS4's cameras caught plenty of people rolling right on the red.

Middaugh believes Hallandale officers reviewing the video footage and issuing the tickets are stricter on the rolling right turns than Miami Beach cops.

"We're not writing as many tickets as the others and that's okay. We didn't do this for revenue, we did this to reduce intersection accidents," Middaugh said.

Hallandale police deny that. Either way, some drivers we spoke with like Bob Mendola say no matter the speed, the intersection, or the camera the law is the law.

"If it's the law and you break it, you should be ticketed."

Via: (© MMX, CBS Broadcasting Inc. All Rights Reserved.)