Consensual Encounters vs Arrests vs Investigative Stops
In Miami, it’s your right to receive constitutional protection from unlawful police searches and seizures. When building a case for their clients, a Miami criminal lawyer generally considers the three classes of encounters.
In consensual encounters, the individual is allowed to refuse to interact with an officer. From the officer’s perspective, it should be noted that police have the right to question the individual but the individual is not required to comply.
This situation only becomes an investigative stop when officers have good cause for suspicion. In this situation, you are within your rights to refuse to comply with questioning. Should you be the victim of an unlawful search, a criminal defense lawyer in Miami can be hired to uphold your fourth amendment rights.
Since the historical case of Florida v. J.L. and Brown, Florida’s courts have upheld the principle that investigatory stops can be carried out only when an individual matches a very specific set of descriptions or with the aid of sufficient corroborating evidence.
In the above-mentioned case, the stop-and-frisk carried out by police officers produced a gun. After two attempts by the state to legitimize the seizure of the firearm, first by the trial court (unsuccessful) and then by the intermediate appellate court of Florida (successful), the decision was finally overturned by the Supreme Court of Florida in favor of the defendant.
This is a rather unique example, but it serves to demonstrate that a Miami criminal lawyer can protect defendants from similar lower-profile searches.
Unlawful arrest does not necessarily involve the use of physical force by an officer. In some cases, the individual may have submitted to the officer’s claim to authority without knowing their rights. Namely, before making an arrest, a police officer requires probable cause.
In building a case regarding unlawful arrest, a criminal lawyer in Miami needs to prove that the plaintiff was arrested without sufficient evidence.
If you believe you’ve been the victim of an unwarranted search or arrest, a reputable criminal defense firm in Miami can provide you with the legal assistance you need to uphold your civil liberties.
We handle a variety of criminal law cases, so call us now if you have any questions, (305) 615-1285.
View more contact information here: Criminal Lawyer in Miami.