Tuesday, March 28, 2017

You Can Say No

Many people are taught growing up that they must be respectful to police officers and submit to their authority.  Police officers do come into harm's way quite frequently and work hard to protect society as a whole.  However, respecting police officers does not equate giving up your rights.

You have a right to privacy that is specifically protected by the Florida Constitution.  You also have a right to freedom from unreasonable search and seizure .  This right is fundamental as it is guaranteed by the U.S. Constitution's Fourth Amendment.  The police cannot violate this right without a warrant unless one of the following circumstances occurs:

1.  You have given the officer consent to search,
2.  The officer has probable cause to believe there is evidence of a crime in your vehicle (probable cause must come from specific facts and circumstances, rather than simply from the officer's gut feeling or suspicion),
3.  The officer reasonably believes a search is necessary for their own protection, or
4.  You have been arrested and the search is related to that arrest.

If you are stopped and a police officer asks to search your person or your vehicle, you can say no. Now, I highly suggest doing so in a non-threatening, respectful manner.  I might say something such as, "Officer, with all due respect, I am utilizing my 4th Amendment right and denying your request to search my car."  I would then follow up this statement by asking the officer two very important questions: 1) am I being detained, and 2) am I free to leave.

It is important to note, that if you tell the officer he or she cannot search your person or the vehicle, the officer, in Florida, might request a K-9 dog sniff unit to the scene.  Florida law permits the officer to detain you for a very short amount of time to conduct a dog sniff if there is probable cause for the traffic stop in the first place.  However, the amount of time that the officer is allowed to conduct the dog sniff is the amount of time that it takes to write a traffic citation.  It has been found to be unconstitutional for officers to hold you any longer than that and is the grounds for exclusion of evidence.

By staying calm and remembering your rights, you can have successful interactions with police officers.

If you are in need of an experienced criminal defense attorney, contact Heather Bryan Law at 863-825-5309 for your consultation

Tuesday, March 21, 2017

Yes You Can Videotape the Police, But Take Precaution

By now many of you have probably seen the video of the Uber driver/lawyer who was pulled over by police and told he could not record the officer.  The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true.

The lesson here is that the police can lie to you at a traffic stop.  It is important for you to know your rights and remain calm and respectful to prevent unnecessary charges, an arrest, or something worse.

In Florida, you can videotape the police, if they are on duty, in public, and you are not interfering with their ability to do their job.  The Eleventh Circuit Court of Appeals has ruled that people have a First Amendment right to record police in public unless they infringe on an investigation.  There is one gray area, however, and that is with audio.  State law requires consent for audio recordings when there is a reasonable expectation of privacy.  Most experts agree that this requirement pertains to wiretapping and does not apply to the videotaping of police officers that is permitted while they are on duty and in public. But because there has not been a specific ruling for this issue, the Florida Chapter of the ACLU recommends that if an officer tells you not to record audio, turn off the audio.

It is important to remember that just because the law allows you to videotape the police, this does not mean the police will be happy about it or cooperative.  They may even harass or lie to you, as the officer did to the lawyer in the video above.  It is imperative that you remain calm and respectful throughout the encounter.  You want to to show that you are not a threat. The officer will probably ask you what you are doing or why you are recording him or her.  It is best to respond with something such as, "Officer, it is my understanding of Florida law that I am permitted to record on duty police officers in public areas."  If your immediate response is aggressive, you will likely end up on your stomach in handcuffs or worse.

It is also important that you keep a safe distance and do not make any sudden movements. Remember that the law allows you to record only if you do not interfere with the officer's job. Police officers are performing a dangerous jobs and do deal with very real threats.  If you know your rights, know the law, and remain respectful, you can fully exercise your rights with success.

If you need legal advice on a criminal or family law matter, contact an experienced attorney who can help.  Call Heather Bryan Law at 863-825-5309 for your consultation.