Legal Question in Criminal Law in Florida

This is a hypothetical question. Could a K9 officer walk his dog through a public space and use the dogs indication of contraband as a excuse to start a conversation?

I don't believe they could detain someone and I'm sure the officer wouldn't tell them they could end the conversation at any time.

So would the act of searching the general public be legal if the officer never mentioned the dog but rather simply asked if they had drugs or ID? Not ordered but simply asked??


Asked on 3/14/14, 11:17 am

2 Answers from Attorneys
Eric Trabin Lucid Legal, PLLC

A cop doesn't need an excuse to start a conversation. Just like any other person, a cop is perfectly allowed to start talking to a person randomly on the street. These are called "consensual encounters." Police officers often say "can I talk to you for a second?" and initiate these encounters.

Likewise, while most people will probably talk to the cop, they are perfectly free to tell the cop "no" and walk away. The "stop" doesn't actually become a detention until the officer makes it so the person is objectively not free to leave.

So any cop can randomly talk to a person and ask if they had drugs on them. The cop doesn't need to tell the person that they don't have to answer or they can walk away because that person is objectively free to leave. The cop only has to read a person their Miranda rights when they conduct a custodial interrogation.

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Answered on 3/14/14, 11:49 am
Craig Epifanio Craig Epifanio, P.A.

Mr. Trabin's answer is spot on.

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Answered on 3/14/14, 1:41 pm


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