Policy Text
A. General:
1. A law enforcement officer may temporarily detain a person to ascertain the person's
identity, and the reason for the person's presence, in a given area, under
circumstances which reasonably indicate that such person has committed, is
committing, or is about to commit a crime. F.S.S. 901.151(2)
Detention may not be for longer than is reasonably necessary to make the above
determinations. F.S.S. 901.151(3)
The temporary detention may not extend beyond the immediate area where it was
first affected. F.S.S. 901.151(3)
If there is probable cause to believe that the subject is armed with a dangerous
weapon, the subject may be searched only to the extent necessary to determine if
the subject has a dangerous weapon, and only for the purpose of disclosing, such
weapon. F.S.S. 901.151(5)
A weapon or any evidence of a criminal offense may be seized and, if proper
procedures are followed, used as evidence against the subject. F.S.S. 901.151(5)
B. Stop and Detention:
1. The decision to stop and temporarily detain a person may be based on reasonable
suspicion, which is something less than probable cause; e.g., the subject's location,
dress, demeanor, or behavior reasonably indicates that the person has committed, is
committing, or is about to commit a violation of a criminal law or ordinance.
The Florida Stop and Frisk Law does not allow an officer to detain and frisk a person
suspected of violating non-criminal statutes or ordinances.
A Miranda warning is not required, but will become necessary if the subject is
arrested and interrogated.
The Stop and Frisk Law also applies to persons in automobiles. {1.2.4c}
a) The subject may be required to exit the vehicle prior to questioning.
b) Search of locked or inaccessible areas of the automobile is not permitted under
the Stop and Frisk Law.
c) A check may be made for weapons in plain view, and if contraband items are
seen during the course of the check, they may be seized.
When the decision to stop has been made, the officer should announce his/her
authority and identity, advise the subject of the purpose of the detention, then
conduct a field interview to ascertain identity of the subject and an explanation of
his/her actions. Non-uniformed personnel shall identify themselves by prominently
displaying departmental credentials. Officers will not be permitted to wear hoods
while conducting stops unless a uniform officer is present and conducts the initial
contact.
If probable cause for arrest appears at any time after the stop, the subject may be
arrested; however, if after inquiry, probable cause for arrest does not exist, the
subject must be released.
7. The subject may not be transported from the immediate area of the stop unless there
are compelling safety concerns, the subject consents, or the subject is arrested.
C. Frisk and Terry Stops:
The Stop and Frisk Law was enacted for officer safety, which should be the primary
concern in such a situation.
1. The decision to conduct_a frisk or a Terry Stop is based on prebable—cause
reasonable suspicion that the person may have been engaged in criminal activity,
whereas an arrest requires "probable cause" that_a suspect committed a criminal
offense. Having stopped the subject for temporary questioning, indicators such as
the following may cause an officer to believe that the subject is armed with a
dangerous weapon, allowing for a frisk, or pat-down:
a. The subject's ability to account for his presence in the area.
b. The subject's behavior, attitude, or demeanor upon being stopped.
c. Bulges which may be indicative of a concealed weapon.
d. The availability of backup officers and the number of subjects detained.
e. Whether the suspected crime involves the use of weapons.
Items recovered pursuant to frisk:
2.
a. If the frisk reveals an illegal firearm or other weapon, the subject should be
placed under arrest; then a complete search may be made incidental to arrest.
b. If the frisk reveals a firearm or other weapon which is lawfully possessed, it
should be returned to the subject upon termination of the questioning.