Articles Posted in Florida Criminal Defense

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POLICE CONTACT             

100 ‘most asked ‘ questions

WHAT IF I RUN?

Running away can be considered as an indication of guilt.

If an officer issues a command for you to stop you must do so. You do not have to cooperate or assist the officer in obtaining information which can lawfully empower him to arrest you.

If an officer commands you to stop you can consider yourself detained. All of your constitutional rights attach to the circumstances and subsequent actions of the officer. That means anything that happens after the issuance of the “stop” command by the officer is subject to review by a judge.

So if the officer says stop: stop. At that point exercise your right to remain silent and your right to counsel.

You gain control of the situation when you follow the law. Running is always an unwise response.

Remember the law can protect you if you know the law.

 

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IMG_6709-2-194x300POLICE CONTACT              

100 ‘most asked ‘ questions

SHOULD I OPEN THE DOOR IF THE POLICE KNOCK?

Only if they have a warrant.

If they don’t have a warrant and force their way in, then let a judge sort it out.

If they are in, just remain silent and comply with any command (sit still) .

Do not give them permission to search, even if the situation looks hopeless.

Remember that a lawful search is only admissible if:

  1. you give them permission,
  2. the police have a warrant,
  3. “exigent circumstances” exist.

To preserve the issue for a judge NEVER agree to a search.

 

 

 

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IMG_6709-2-194x300POLICE CONTACT              

100 ‘most asked ‘ questions

WHAT SHOULD I DO IF I AM BEING QUESTIONED BY THE POLICE?

 Do not answer questions, do not volunteer.

Tell the police that you will not answer any questions without an attorney present.

It is the most natural thing in the world to try to defend yourself when you’re being accused of a crime.  And that’s okay, and that’s how it should be.

The thing to remember is time and place.

The time of your arrest, it is not the place to defend yourself.  You cannot talk the police out of arresting you.

The correct time and place is in a courtroom.

 

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IMG_6709-2-194x300POLICE CONTACT       

100 ‘most asked ‘ questions

CAN THE POLICE STOP ME ON THE STREET?

Yes.

They can stop you.

But you don’t have to talk to them.

If you were “stopped” in the street by an insurance salesman you would walk away.  The only thing a cop is selling is jail.  Don’t buy it.

Think this way…

If you have nothing to hide, you have nothing to prove.

If you have something to hide, you do not have to volunteer information that can be used to convict you.

 

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IMG_6709-2-194x300POLICE CONTACT              

100 ‘most asked ‘ questions

CAN I TRY TO MAKE A DEAL WITH THE POLICE?

No.

No police officer can make a deal.  They do not have the legal power to make you a deal or cut you a break.

ONLY a prosecutor can negotiate and make an enforceable promise of leniency in return for assistance.

Don’t even think about negotiating deals with cops.

If a prosecutor is standing next to the cop, ignore the cop, talk to the prosecutor.

 

 

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IMG_6709-2-194x300POLICE CONTACT     

100 ‘most asked ‘ questions

DO I HAVE TO TALK TO THE POLICE?

No.

You do not have to say anything to an officer to assist him in making a case against you.

The police can stop you in the street and talk to you.  You do not have to, and should not, answer.

The only person who can force you to answer questions is a judge, and then only in limited circumstances.  Those circumstances only occur in a courtroom.  The street is not a courtroom.  A cop is not a judge.

 

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IMG_6709-2-194x300POLICE CONTACT          

100 ‘most asked ‘ questions

WHY IS THE COP TALKING TO ME?

9 times out of 10 he’s talking to you because he needs something more from you to make a valid arrest.

The police cruiser may have “TO SERVE AND PROTECT” printed on the door, but that’s not the truth.  The police are there “TO INVESTIGATE AND ARREST”. 

They are not there to protect your rights.  That’s what a lawyer is for.

If a police officer is talking to you assume he is conducting an investigation.  DO NOT cooperate in a police investigation if you are the person of interest.

You cannot know what is in the mind of the police officer.  You can only assume he is conducting an investigation with the objective of making an arrest.   It is naïve to assume anything else.

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IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

WHAT IS A STOP & FRISK?

A cop can detain and (“stop”) and pat down (“frisk”) if he has:

1. A “reasonable” suspicion of criminal behavior and/or

2. “reasonable” concern for officer safety. This applies on the street    and at a traffic stop.

The officer needs to have more than a “hunch”, or a judge will throw out the search.

The officer needs to have something he can put into words which is both reasonable and rational….like “furtive movements” and reaching into bulky over-sized clothing, or a bulge that has the outline of a gun or knife.

He can’t go rooting around in your pockets without 1 and 2.

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IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

CAN THE POLICE SEARCH ME ON SOMEONE’S LIE?

Yes.

It happens all the time.  Someone angry with you calls the police and piles on a heap of lies.  The police can search and arrest you based on someone’s lies.

What can you do?

If the police act on a “confidential informant” or a “citizen informant” the search is subject to suppression if the search does not meet legal standards.

If the search is unlawful it will be thrown out.

The test is:

  1. basis of the informant’s knowledge
  2. veracity
  3. credibility
  4. reliability
  5. the totality of the circumstances.

 

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IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

HOW DO YOU SAY NO TO THE POLICE?

Just say no.

If you can say no to an insurance salesman who is trying to sell you insurance, you can say no to a cop:  he is trying to sell you a prison term.

The police are an instrument of the State, not your mother or your priest.

The street is not the place to object to police actions, assert your rights, and seek fairness or justice.   That is what goes on in a court.

Just say no and call your lawyer from jail.

Loose lips sink ships.

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