Criminal Laws in Fort Lauderdale
Approached or detained by police? Know your rights
Our criminal defense lawyers in Fort Lauderdale are well aware that police misconduct occurs from time to time. That is why we advise citizens to know their rights and know when they apply.
If you are being held in police custody, you are entitled to the very rights that have been featured in movies and television series: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.…” These rights help ensure that police do not mislead or coerce suspects into confessions and self-incriminating statements. If the police fail to inform you of your rights while you are in custody, in almost all instances, what you say cannot be used against you in court. Contact a Fort Lauderdale criminal law attorney if you believe police violated or failed to inform you of your rights.
Knowing when your Miranda rights apply is a complicated matter. Technically, police are only required to mention your Miranda rights if you are being held in police custody; however, the line between being in police custody (i.e., ‘under arrest’) and simply being ‘stopped’ is not always clear.
When you are detained by police
Being detained can be considered the ‘grey area’ between being under arrest and simply being approached by police. When you are detained, you are not free to leave the scene because the police are maintaining a reasonable suspicion that you have committed a crime.
Under such circumstances, the police are allowed to conduct a limited search, or ‘frisk’. They can also ask you questions that could lead you to incriminate yourself. Remember that you are not obliged to answer specific questions. At the same time, police are not obliged to mention your Miranda rights because you are not under arrest. Therefore, anything you say at this point can be used against you in court.
While you are being detained, the police might ask you to reveal your identity.
Depending on the state or jurisdiction, you may be required to submit this information. Contact a Fort Lauderdale criminal defense lawyer if you are unsure about how to respond to a situation with the police.
When you are approached by police
Being approached by police is a much more casual encounter than being detained or arrested because you are free to leave. This can occur, for example, when a police officer approaches you on the street. Sometimes, you might not know if you are being detained. Asking the officer might clarify the situation. If you are not being detained or arrested, you are neither obliged to speak nor to submit your identity.
