Illegal Stop (unreasonable search) Defense in Fort Lauderdale
When it comes to illegal stops or unreasonable searches, a criminal defense attorney can help represent you. An unlawful traffic stop occurs when the police have no valid reason for pulling someone over. A police officer can’t simply pull someone over if they want to know if drugs are in the car. That is an unlawful reason for pulling someone over in Florida. The uniform traffic code provides a list of infractions that someone can pull an individual over for. A traffic stop made without one of these valid infractions is an unlawful reason to pull someone over. Ultimately, the Fourth Amendment to the U.S. Constitution states that police must have probable cause or reasonable suspicion that a crime has occurred, is occurring, or is about to occur, before stopping and searching a vehicle. Probable cause requires specific evidence indicating a violation of the law.
Understanding Florida Traffic Stops
A cop can pull someone over legally if they are driving too fast or slow, running red lights or stop signs, swerving or swaying between lanes, have expired registration or inspection tags, failing to turn their lights on or if someone has been involved in an accident. The police officer must immediately state their reason for pulling you over. If you feel that an officer didn’t provide sufficient cause to stop your vehicle, it is crucial that you hire an experienced criminal defense attorney from Lowry Legal to represent you. We have experience working with individuals like you and conducting thorough investigations into your case.
Stop & Frisk Law
Under stop and frisk law in Florida, a police officer can temporarily detain a person and ask for their identification if the officer believes that the circumstances reasonably indicated that the person has broken the law or is about to commit a crime. This law is interpreted so that officers have a founded suspicion for stopping someone. A bare suspicion applies to observable facts that are insufficient. The person cannot, however, be detained for longer than necessary to make sure their identity is correct and their reason for being somewhere is truthful.
If the officer discovers a probable cause for arrest, the person is arrested. If you are stopped and refuse to provide identification, you can also be arrested. If an officer believes that someone is armed with a deadly weapon, they may be frisked to detect the presence of the weapon. If a weapon is found, the vehicle is subject to seizure.
Contact a Fort Lauderdale Illegal Stop Lawyer Today
If you believe that you have been subjected to an illegal stop or search regarding stop and frisk in or around Broward County, it’s time to contact Lowry Legal for highly-rated legal help. We have the experience and resources needed to defend your rights every step of the way. Our skilled Fort Lauderdale illegal stop lawyer is dedicated to aggressively defending his clients. To schedule a free consultation today to discuss your case and to ask any questions you may have about the process, call us at 954-848-2824.