Legal Question in Criminal Law in Florida

Legality of Police Stop and Frisks in PB County FL

My son or his friends have been involved in a number of issues that raise questions, and not only about his behavior:

1) Arrested while out with his visiting cousin two blocks from home at 3AM and stopped by the police. He was searched three times, and finally the police found what they were looking for: marijuana that he intended to smoke. He will have his day in court with that one, but it does raise the issue of whether the stop and frisk was legal. While I wouldn't want him roaming our gated comm. for any reason, at 3AM, legally speaking, what right in the absence of a curfew do the police have to stop kids who they think should be home in bed

2) A few weeks before this, our son was walking at 3PM in our neighborhood one weekday to a friend's house and was stopped by a police car and handcuffed when he told the officer he had no right to question him; he was finally released

3)Two friends were walking home at 10:30 PM last month near their homes and they were stopped by the police and searched withour explanation except ''it's dangerous for you to be out at night.'' One was forced to call his mother to drive him the few blocks home.

I wonder what a citizen can do in such cases


Asked on 3/07/09, 12:23 am

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

Re: Legality of Police Stop and Frisks in PB County FL

This issue should be argued to the fullest because if what you are telling me is true, there was absolutely no reason for the police to search your son in the manner that they did. Police may pat down a person only if they have reasonable suspicion that a crime has been or is about to occur, and ONLY to the extent of feeling for weapons. Feeling baggies or other other nonlethal items does not give the police the right to pull those items out and arrest the person for a crime. This type of police action outrages me. If you would like to discuss this case any further you can contact my offices anytime. All My Best, Joe Vredevelt of the Johnnie Cochran Firm 305.670.3119.

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Answered on 3/07/09, 7:07 am


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