When Can Police Detain You in Tampa, Florida?

If you are facing criminal charges in Tampa, Florida, you need a Tampa criminal defense attorney who provides personal attention, zealous advocacy, and compassionate guidance. You might have wondered when police can lawfully detain you in Florida and still have several unanswered questions. While police are allowed to detain you in certain circumstances, how you handle yourself in those matters can lead to or result in criminal charges being brought against you.  A conviction can result in serious penalties and fines, so it’s important you don’t try to represent yourself when facing criminal charges after an arrest.

Requirements for Valid Police Detainment in Tampa, FL

In Tampa, Florida, if you are arrested without probable cause, the police may hold you for 48 hours. During this time, you must be given a hearing to determine probable cause. Of note, before this hearing, you have a right to speak with an attorney to help fight the charges.

Florida’s Stop & Frisk Law, F.S. 901.151, makes clear that law enforcement must reasonably believe a person has committed, is committing, or is about to commit a violation of local ordinances or a crime in order to temporarily detain/stop the person. This Florida law allows the state law enforcement to determine:

• Someone’s identity
• The specific circumstances surrounding that person’s presence at the specific location that led the responding officer to believe the person was involved (is involved, or was about to be involved) in criminal activity.

A stop/detention under Florida’s stop-and-frisk law cannot last longer than is reasonably necessary for the responding law enforcement officer to determine this information – and this information alone.

Information You Do Not Have to Provide to Law Enforcement in Tampa, FL

If you are stopped by Florida police, you do not have to answer questions, consent to a search from the police, or provide them with any information beyond confirming your actual identity by providing valid identification.

If an officer has reasonable cause to believe someone is armed with a dangerous weapon, the responding officer has permission under the law to conduct a pat down of the individual only for the purpose of locating or ruling out the presence of any supposed weapon. You can state you don’t consent to this search and that you are not submitting to the search voluntarily, but if you resist an otherwise lawful search violently or nonviolently it can cause you to be charged with a criminal offense.

Stop-and-frisk laws have the risk of being unevenly applied, especially toward minorities in Florida. They still are valid laws, but reasonable suspicion must still exist to start the search.

If there’s no other evidence or any witnesses to support that you committed an offense, probable cause doesn’t exist for your arrest, and you may be released.

How a Tampa, Florida Criminal Defense Attorney Can Help Your Case

A Tampa criminal defense attorney can challenge criminal charges, protect your constitutional rights, and help you reach a favorable outcome. An attorney can speak with witnesses, examine police records, and inspect the crime scene as necessary. Rest assured, an attorney can also consult with and hire any necessary experts, help challenge the prosecution’s case, and help prepare trial strategies.

FAQs

Q: Is Florida a ‘Stop and ID’ State?

A: Yes, Florida is considered a “stop and ID” state, and you might be required to give ID when asked by a police officer based on the following statutes:

• the “Stop and Frisk Law”
• the “Loitering and Prowling” statute

ID must be produced only if the officer reasonably suspects:

• A crime is being committed,
• A crime has been committed,
• Or a crime is about to be committed.

Officers are prohibited from conducting unreasonable searches and seizures, so the reasonable suspicion requirement is important under these circumstances.  While reasonable suspicion, is necessary under these specific circumstances the higher level of probable cause is required to search your vehicle or home.

Q: Are You Expected to Show ID in Florida to the Police?

A: In Florida, you are expected to show ID to the police when you are stopped due to the suspicion of a crime or a traffic violation. If you give your name but refuse to produce your ID or provide a false name/identity during a lawful detention, your actions could lead to criminal charges.

If you don’t have your ID during a stop, you may decide to remain silent. However, this might lead to further questioning/investigation.

Q: Do I Have to Roll My Window Down for Police in Florida?

A: In Florida, if asked to roll down your window, it is recommended to do so. It helps communication, puts the officer at ease, and shows you have nothing to hide.

You may want to roll down the window at least far enough to hand over any requested documents (license, registration, and proof of insurance). You may also want to make sure you have your required documentation ready, but it is advisable to keep your hands on the steering wheel.

Q: How Long Can the Police Keep You at a Traffic Stop in Tampa, Florida?

A: There isn’t a time limit for a traffic stop in Tampa, Florida. Within reason, police can detain you for as long as the investigation takes. However, without a search warrant or probable cause to search your vehicle, you have the right to say no.

If you are stopped and have already been given a warning or a traffic ticket, then you’re free to go. It is wise to confirm this by asking the officer.

Contact a Zealous Attorney With Extensive Experience Handling Criminal Defense Cases in Tampa, Florida

At Paul Figueroa Law, our team is familiar with the complexities of Florida criminal defense. With our firm, you’ll receive small-firm attention with big-firm representation, and you can have the peace of mind to put the whole ordeal behind you. Our extensive experience means you can rely on our firm to reach a favorable outcome with your case.

Paul Figueroa has handled criminal defense cases just like yours, so you’ll have confidence knowing he’s on your side. He understands that your case is important, and it must be handled with individual care and dedication to your specific needs and goals. He approaches each defense case with the understanding that you’re facing unique, stressful challenges.

We can help you understand the criminal defense process, explain your situation, and fiercely advocate on your behalf at this time. Contact Paul Figueroa Law and set up a consultation right away to discuss your defense options.