The 3 Types of Police Encounters in Florida

November 5, 2018 Don Pumphrey, Jr. Criminal Defense criminal defense, police, rights Social Share

Types of Police-Citizen Encounters in Florida

In Florida we have compartmentalized three types of encounters citizens have with police. The three types of encounters are

1. Consensual – Consensual encounters of law enforcement officers and citizens involves consent. In other words, the officer “asks” if the citizen will stop and talk or the officer “asks” if they can see your drivers license or other identification. During the consensual encounter, the citizen may choose compliance with the request of an officer. The citizen may also choose to ignore and decline requests of an officer.
2. Investigatory Stops– Investigatory stops occur when an officer may reasonably detain a citizen “temporarily” but only if the officer has reasonable suspicion. See, Popple v. State, 626 So. 2d 185,186 (Fla. 1993). Reasonable suspicion must involve the officer’s training leads him or her to believe that a person, “has committed, is committing, or is about to commit a crime”. Id. “It requires a well-founded, articulate suspicion of criminal activity”
3. Arrests (either written or physical). – The final of the 3 types of encounters, based on probable cause that a crime is committed. In this instance, the suspect is either taken into custody and booked into the local county jail or issued a Notice to Appear with a court date on it.

If you or a loved one has an encounter with the police, it is imperative that you contact an experienced and aggressive criminal defense attorney as soon as possible.

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