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
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@phillipmen
Website: www.phillipmenditto.com
No comments:
Post a Comment