Interactions with the police can be frightening, especially when they involve your arrest. An arresting officer in Fort Myers must inform you about your Miranda, including the right to remain silent.
However, you may not realize that you have additional rights that take effect before you find yourself under arrest.
You can refuse a search without a warrant
Police officers may not search you, your car, your home or any of your property without a valid search warrant indicating exactly what they will search. You also have a right to review all warrants and refuse to allow officers to search anywhere the warrant does not include.
An officer must have a legitimate reason to pull you over
Officers may pull you over while driving if you are speeding, driving through a red light, operating a car with broken tail lights or resemble a criminal suspect’s description. However, any evidence of criminal activity they find after pulling you over without probable cause is inadmissible in court.
You are sometimes free to go
Florida police may not keep you from leaving unless they detain you for interrogation. They also may not force you to accompany them to a police station unless you do so willingly or they place you under arrest for probable cause. Still, they may not hold you for longer than 40 days without filing formal charges against you.
Police have permission to deceive you
The court sanctions deception by investigators hoping to elicit a confession from you. However, your confession is inadmissible in court if you make it under duress.
Sometimes finding yourself in the wrong place can lead to your detention or arrest, whether or not you are guilty. Protecting yourself starts with knowing your rights.
