Reasonable Suspicion in Florida

Reasonable suspicion in Florida is the legal standard that allows a police officer to briefly detain a person when specific and articulable facts suggest the person has committed, is committing, or is about to commit a crime, as set out in Terry v. Ohio (1968) and Florida Statute 901.151. Reasonable suspicion requires more than a hunch and less than probable cause.

Below: the definition, the Florida Stop and Frisk Law, the three encounter levels, probable cause, what courts reject, tips, traffic stops, and suppression.

What Is Reasonable Suspicion?

Reasonable suspicion is a particularized and objective basis for suspecting a specific person of criminal activity. In Terry v. Ohio, the U.S. Supreme Court held that an officer must point to “specific and articulable facts” that, with rational inferences from those facts, reasonably warrant the intrusion.

Florida follows this standard because Article I, Section 12 of the Florida Constitution requires the state search and seizure right to be construed in conformity with the Fourth Amendment as interpreted by the U.S. Supreme Court.

What does “totality of the circumstances” mean?

Totality of the circumstances means a court weighs the whole picture rather than each fact alone (United States v. Cortez, 1981). Suspicion is measured by what officers knew before the search, not by what they found (Florida v. J.L., 2000).

What Does Florida Statute 901.151 Say?

Florida Statute 901.151, the Florida Stop and Frisk Law, allows an officer to temporarily detain a person when circumstances reasonably indicate the person has committed, is committing, or is about to commit a crime. The statute sets four limits:

• Purpose: learning the person’s identity and the circumstances behind the officer’s belief.
• Duration: no longer than reasonably necessary, at the scene or its immediate vicinity.
• Outcome: arrest if probable cause appears, release if it does not.
• Frisk: a weapons search only, when the officer has probable cause to believe the person is armed.

What Are the Three Levels of Police Encounters in Florida?

Florida courts recognize three levels of police-citizen encounters, set out by the Florida Supreme Court in Popple v. State (Fla. 1993):

• Consensual encounter: minimal contact the person may ignore. No suspicion is required.
• Investigatory stop: requires a well-founded, articulable suspicion of criminal activity.
• Arrest: requires probable cause that a crime has been or is being committed.

When does a consensual encounter become a stop?

A consensual encounter becomes a stop when a reasonable person would conclude that he or she is not free to end the encounter and leave. In Popple, a deputy without reasonable suspicion directed a man in a legally parked car to step out. The Florida Supreme Court held that this show of authority was a seizure and ordered the cocaine possession and paraphernalia convictions reversed.

How Is Reasonable Suspicion Different From Probable Cause?

Reasonable suspicion is a lower standard than probable cause: it justifies a brief detention, while probable cause justifies an arrest or a search warrant.

What Does Not Count as Reasonable Suspicion on Its Own?

Five things do not create reasonable suspicion standing alone:

• A hunch (Terry v. Ohio).
• Presence in a high-crime area (Illinois v. Wardlow, 2000).
• Refusal to cooperate with police (Illinois v. Wardlow).
• A bare anonymous tip that a person has a gun (Florida v. J.L.).
• The need to check a driver’s license and registration, with no other reason for a stop (Delaware v. Prouse, 1979).

Does running from police create reasonable suspicion?

Unprovoked flight from police in a high-crime area can create reasonable suspicion. Illinois v. Wardlow upheld the stop of a man who fled on seeing officers in an area known for heavy narcotics trafficking.

Can an Anonymous Tip Give Police Reasonable Suspicion?

An anonymous tip gives police reasonable suspicion only when it shows sufficient indicia of reliability. In Florida v. J.L., an unknown caller told Miami-Dade Police that a young man at a bus stop had a gun. The U.S. Supreme Court held that the tip alone did not justify a stop and frisk, because a tip must be reliable in its assertion of illegality.

What Do Police Need to Stop a Car in Florida?

Police need at least reasonable suspicion of a violation of law to stop a car outside a roadblock-type checkpoint (Delaware v. Prouse), and probable cause of a traffic violation makes a stop reasonable (Whren v. United States, 1996). Under Rodriguez v. United States (2015), officers may not prolong a traffic stop for a dog sniff without separate reasonable suspicion. Whether police may then search your car is a separate question.

What Happens if Police Stopped You Without Reasonable Suspicion?

Evidence obtained through a stop made without reasonable suspicion can be excluded through a motion to suppress evidence. Florida Statute 901.151(6) excludes evidence from a stop and frisk search that did not follow the statute, and Article I, Section 12 excludes evidence the U.S. Supreme Court would exclude.

Suppression is the main remedy for an unlawful search and seizure in Florida.

Why Hire The Law Offices of Robert David Malove?

Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office is at 200 SE 9th Street, Fort Lauderdale.

After a police stop leads to charges, call a Fort Lauderdale criminal defense lawyer before giving a statement. The body camera video, dispatch records, and arrest report show whether the officer had specific and articulable facts and whether the stop lasted too long.

Call (954) 861-0384 for a free consultation with a Fort Lauderdale criminal defense lawyer.

Reasonable Suspicion in Florida: Frequently Asked Questions

Is reasonable suspicion the same as probable cause in Florida?

Reasonable suspicion is not the same as probable cause in Florida. It allows a temporary detention under Florida Statute 901.151, while probable cause is required for an arrest or a search warrant.

Can police stop you just for being in a high-crime area in Florida?

Police cannot stop a person in Florida only for being in a high-crime area. Illinois v. Wardlow held that presence in an area of expected criminal activity, standing alone, is not enough, though officers may weigh location with other facts such as unprovoked flight.