When Can Police Stop and Frisk You in Miami? Understanding Terry Stops

If you’ve ever been stopped on the street by a police officer who searched you for weapons or contraband, you were likely the subject of a “Terry stop.” As a Miami criminal defense lawyer, I want to explain when these types of stops are legal, your rights and options if it happens to you, and why working with an attorney is crucial for the best outcome.

What is a Terry Stop?

A Terry stop gets its name from the 1968 U.S. Supreme Court case Terry v. Ohio, which ruled that police can briefly detain someone based on reasonable suspicion of criminal activity rather than the higher standard of probable cause needed for an arrest.

The Court said officers may also conduct a limited pat-down search or “frisk” if they reasonably suspect the person is armed and dangerous. This is codified in Florida statute Section 901.151, known as the Florida Stop and Frisk Law.

When Can Police Conduct a Terry Stop?

For a Terry stop to be legal in Florida, officers must have reasonable suspicion based on “specific and articulable facts” that a crime has been, is being, or is about to be committed. This is a lower standard than probable cause for arrest.

Factors creating reasonable suspicion may include:

• Matched description of a suspect
• Suspicious behavior, like casing a store
• Presence in a high-crime area
• Evasiveness, unprovoked flight

However, factors like location in a “high-crime area” alone are not enough. Police must point to specific facts about the particular person stopped.

What Are Police Allowed to Do During a Stop?

During a Terry stop, officers can:

• Require you to stop and remain in place
• Request identification
• Ask questions about your activities, destination, and reason for being there
• Conduct a limited pat-down for weapons if they reasonably suspect you are armed and dangerous

Police are not allowed to:

• Move you to another location without reason
• Use unnecessary force
• Demand consent to any other search without cause
• Extend the stop beyond what’s reasonably needed to investigate their suspicion

Refusing a Terry Search – Know Your Rights

You always have the right to refuse consent for a search during a stop. But police are still allowed to conduct a limited frisk if they have reasonable suspicion you are armed. Make clear you do not consent to any search beyond a pat down for weapons.

If you are unlawfully searched, do not resist. You can’t win an argument at the scene. The best way to preserve your rights is to clearly invoke your right to remain silent and your right to an attorney. Never run or physically resist officers.

Why You Should Consult a Defense Lawyer After a Stop

Any evidence found during an illegal search or seizure can be suppressed or thrown out. But you must file a motion before your criminal trial.

An experienced Miami criminal defense attorney can review the circumstances of your stop and search to determine if your rights were violated. If we find grounds, I will aggressively fight to have any illegally obtained evidence barred from your case.

Even if nothing was found, an unlawful stop is still a violation of your Fourth Amendment rights. By pursuing legal action, you may be able to obtain a settlement and deter future harassment.

Protect Your Rights – Call a Miami Criminal Defense Lawyer Today

Being stopped and frisked can be unsettling, but you do have rights during police encounters. Understanding Florida laws on Terry stops can help you assert your rights properly. If you believe you were subjected to an improper search or seizure, call my office today to discuss your best options.

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