Legal Question in Traffic Law in Florida

Re: officer's rights

An officer can have a consensual encounter with a person any time--just stop and talk to a citizen. However, to stop someone that doesn't voluntarily stop and talk, an officer needs to have a reasonable suspicion that the person is engaging in criminal activity. To actually search someone, an officer either have his/her permission (consent to search) or have probable cause to search based on some specific information or observation. There are many specific facts and circumstances that affect whether a particular stop/search are justified under the law.

I'm not sure any one document would have such information because it is so fact-specific and based on so much caselaw.

Re: officer's rights

There are three levels of a police/citizen encounter. The first is a consensual encounter in which the police officer simply initiates a conversation which a police officer can do for any reason, or no reason at all.

The second level is an interrogation during which the citizen is detained and not free to leave, but also not under arrest. For this, a police officer must have "an articulable suspicion" that the individual is engaged in or about to be engaged in criminal activity. This is codified in Florida law at Florida statute 901.151, called the Stop and Frisk Law.

The third, and most serious, level of police interaction is an arrest. In order to make an arrest, a police officer must have probable cause. When an officer puts someone under arrest, the officer can search the individual to find weapons or evidence of criminal wrongdoing.

I hope this helps. If you have any other questions, please feel free to contact me at your convenience.