A police officer can approach you at any time and attempt to engage you in conversation. Many people believe that if a police officer speaks to them, they have to stick around and answer the questions. In actuality, there is no law requiring you to even acknowledge the officer in the case of a consensual encounter. You are perfectly within your rights to simply ignore the officer and walk away. Encounters between civilians and police are considered “consensual” when an officer merely approaches to ask if you are willing to answer questions; an officer doesn’t need any sort of suspicion to do this. During such encounters, you are free do as you choose: either comply with the officer's requests or ignore them. If you ignore them, an officer cannot legally detain you unless he has further grounds for detention, meaning that he has reasonable suspicion to believe that you have committed, are committing, or are about to commit a crime.
Under Florida’s Stop and Frisk law, police are allowed to detain you to ascertain your identity when they have reasonable suspicion of criminal activity. At that point, an encounter is no longer considered consensual. If you are unsure whether you are in a consensual encounter or not, the best thing to do is to ask the officer if you are being detained or if you are free to go. Rather than trying to figure out if an officer has reasonable suspicion, just ask if you're free to go. If the officer says you're free to go, leave immediately and refrain from answering any additional questions. Walk away - you should never run away, even if you have done nothing wrong because in certain scenarios, running can provide police officers with enough suspicion to chase and detain you. If the officer physically detains you, uses a tone of voice that commands you, or you feel that you are not free to leave, stay calm. Do not resist or touch the officer. Remain silent. While you do not have to reveal your identity to the officer, keep in mind that withholding your identity might increase the possibility of arrest or a prolonged detention; revealing who you are might help to resolve the situation. Outside of identifying yourself, you do not have to do much else. You do not have to consent to searches. You do not have to answer any questions. Remember: as crazy as it sounds, police can legally lie to you. They may act like your buddy or tell you that they “already know” what you’ve done to get what they want. Remember your rights and do not get tricked. When in doubt, remain silent and ask for an attorney.
If you are in Palm Beach County and are stopped by police you may not realize exactly why you should know these facts. Let me explain: If your walking in the street with friends and police approach you with questions initial response may be “my name is _________. Am I free to leave or are you detaining me?” If they ignore you ask the question again. That is all that is needed. The officer will say either one or his actions will reveal the answer. If he throws you against the car and searches you and then finds a bag of weed then a competent Criminal Defense Lawyer will be able to file a motion to suppress the evidence for violating your rights and potentially have the case dismissed. If he says that he is not detaining you then you can simply walk away and there are no issues. Whatever you do it is recommended that you not curse, yell, run, touch or push the officer. Additionally, do not tell him about your rights. You may win the argument in the Broward or Palm Beach Court House but you will not win on the street with local police. Am I free to leave or are you detaining me are the magic phrases when involved in this type of situation.
The above information relates to you when you are on foot or at your home. If the police knock on your door and want to talk with you- what do you say? Are you detaining me or am I free to leave? Or you can simply not answer the door. If the police want to enter your home- another magic phrase is calmly asking if they have a warrant. If they do not then the appropriate response is I am sorry but I cannot let you enter without a warrant. NEVER allow a police officer into your home. That does not mean that you touch or threaten a police officer. NEVER TOUCH, THREATEN OR YELL AT A POLICE OFFICER. Simply close the door. The police need either your consent to enter or a warrant signed by a judge to enter your home. There are a few exceptions to this rule but whether the police enter or not you should verbally never consent and always say out loud that you are not consenting to any searches. Remember, your Criminal Defense Lawyer will challenge whatever happens at the time in Court. Memorize the magic phrases:
1) Am I free to go or are you detaining me officer?
2) I do not consent to searches
3) Do you have a warrant? If you do not have a warrant then I cannot allow you to enter.
4) I do not wish to speak to you. I want a Lawyer.
If you find yourself injured by an officer during an encounter or believe that there was police misconduct, you should make a report. That does not mean that you walk into a police station to do so but rather do it by mail, telephone or email. Police departments have forms online but if you cannot find them simply call the police non-emergency number and ask to speak to someone in internal affairs. Be sure to ask for their name, badge number and a contact number that you can reach them at in the future and do not lose it. Keep a copy of everything you write or say to police. It is important to remember names, badge numbers, and specific words used. However, do not ask a police officer for his badge number. Simply look at his badge number and name as it’s usually on his shirt. If not, never ask in a fashion that would lead the police officer to believe you are planning on reporting him, as that will not go over very well. Simply state that you would like to address him by his proper name. For Instance, Officer Jones, I do not wish to speak with you without a lawyer. You should also find witnesses and record their thoughts and yours as well as take photographs of any injuries and keep hospital records.
Whether you live in Broward County or Palm Beach County the rules are the same. Remember the magic words. If you have problems or are arrested then call a Criminal Defense Lawyer in South Florida. The Law Office of Roger P. Foley consists of criminal defense lawyers that are available to defend you in matters involving Felonies and Misdemeanors. Whether it is a Drug Crime, Theft Crime, Sex Crime, Violent Crime, Fraud Crime, Juvenile Crime, Domestic Violence, Violation of probation or any other Criminal case in Florida the Law Office of Roger P. Foley is available to answer your questions. Do not hesitate to contact us at one of our office locations to set up an appointment or to discuss Mr. Foley lecturing at your group event.
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