Reasonable Suspicion For A Legal Detention Or Traffic Stop
Reasonable Suspicion For DUI Field Sobriety Exercises
Information provided by Daytona Beach DUI attorney Kevin J. Pitts. A law enforcement officer may reasonably detain a citizen temporarily for an investigatory stop if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Robinson v. State, App. 2 Dist., 976 So.2d 1229 (2008). An investigatory detention, or Terry stop, is allowed if the police have a well-founded suspicion that the individual detained has committed, is committing, or is about to commit a crime. Prestley v. State, App. 5 Dist., 896 So.2d 862 (2005), rehearing denied. To justify an investigatory stop, a police officer must have a well-founded suspicion that the person detained has committed, is committing, or is about to commit a crime. State v. Marrero, App. 2 Dist., 890 So.2d 1278 (2005). Limits on investigative stops require reasonable, articulable belief on part of officer that person to be detained has committed, is committing or is about to commit crime. B.L.M. v. State, App. 5 Dist., 684 So.2d 853 (1996). An officer may temporarily detain citizen if there is well-founded suspicion that person has committed, is committing, or is about to commit crime and a founded suspicion is one that has some foundation in circumstances observed by officer and interpreted in light of officer's knowledge; mere or bare suspicion is not sufficient. Nealy v. State, App. 2 Dist., 652 So.2d 1175 (1995), rehearing denied. To justify investigatory stop and detention of an individual a police officer must have well-founded articulable suspicion that individual has committed, is committing, or is about to commit a crime. Salem v. State, App. 2 Dist., 645 So.2d 1023 (1994), rehearing denied. To justify a stop or any other temporary detention, state's witness must point to specific, objective, and articulable observed facts that, considered cumulatively, reasonably indicated that persons had committed, were committing, or were about to commit a crime. Cobb v. State, App. 1 Dist., 642 So.2d 656 (1994).
A police officer may reasonably detain citizen temporarily in investigatory stop if officer has reasonable suspicion that person has committed, is committing, or is about to commit crime; investigatory stop requires well-founded articulable suspicion of criminal activity, and mere suspicion is not enough to support stop. Popple v. State, 626 So.2d 185 (1993). Stop and Frisk Law authorizes temporary stop and detention of person based upon police officer's founded suspicion of criminal activity. Brown v. State, App. 1 Dist., 592 So.2d 1237 (1992). Just as a stop authorized by a state law may be unreasonable under the Fourth Amendment, so may a stop not expressly authorized by state law be justified as a constitutionally reasonable one. State v. Hetland, App. 2 Dist., 366 So.2d 831 (1979), approved 387 So.2d 963. Stop of a defendant to investigate a bicycle theft was invalid, and thus defendant could not be convicted of resisting an officers without violence for walking away from the stop. The mere fact that defendant was riding his bicycle in early morning hours a few blocks away from scene of bicycle theft did not give rise to reasonable suspicion that defendant had committed, was committing, or was about to commit a crime. H.H. v. State, App. 4 Dist., 775 So.2d 397 (2000), rehearing denied. For more information about the site go to reasonable suspicion.
Reasonable Suspicion for Field Sobriety Excercises Reasonable Suspicion for Traffic Stop Reasonable Suspicion to Detain