Top

Can a Florida Law Enforcement Officer Detain You Without Arresting You?

Yes, with limitations. Under Florida law, 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 object found unless they place you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.

Categories: 
Related Posts
  • What to Expect in a Florida Divorce? Read More
  • Can a Frisk Turn into a Full-Blown Search? Read More
  • Can an Officer Use Force When Making an Arrest in Florida? Read More
/