Can the Police Pull You Over for No Reason In Florida?

When Can Police Legally Pull You Over in Florida Without a Clear Reason?

This is a question that we get at the Amarosa Law Firm, P.A. all the time. It seems that law enforcement does give the perception that they are pulling you over for some reason, but are they really or are they violating your rights?

If you have been pulled over and feel that the police did not have a reason, we need to talk and we are here to help.

Getting pulled over is always a concern and causes confusion for drivers.

Can the police or law enforcement in general pull you over for no reason? The generic response is no they cannot. The Police and Law enforcement must have a valid legal reason to initiate a traffic stop.

Understanding What Qualifies as a Legal Traffic Stop

We must pause here, and the first part of the test is in understanding what qualifies as a valid reason for a traffic stop and we look at how your rights apply in these situations.

Does or did the police have reasonable suspicion and/or probable cause, and what you can do if you believe you were pulled over illegally.

Your Constitutional Rights During a Traffic Stop

Article One Section 12 of the Florida Constitution and the Fourth Amendment to the United States Constitution protects you from unreasonable searches and seizures. This includes being pulled over while operating a vehicle including cars, trucks, motorcycles, boats, mopeds, bicycle and now more than ever e-bikes.

A police officer cannot legally stop your vehicle without reasonable suspicion that a traffic violation or criminal offense has occurred. Reasonable suspicion is a legal threshold that requires specific, articulable facts that suggest a law is being broken. Reasonable suspicion is a lower standard than probable cause but still must be based on observable behavior or circumstances, not just a gut feeling or a hunch.

Common Legal Reasons Police Can Pull You Over

There are many situations where law enforcement may lawfully pull you over, including:

• An actual traffic violation like speeding, running a red light, illegal turn, not stopping completely for a stop sign.
• Illegal window tint.
• Drifting between lanes or swerving.
• Equipment violations, such as a broken taillight or missing license plate.
• Expired registration sticker on your tag.
• Suspicion of DUI based on driving pattern.
• Matching the description of a suspect or vehicle involved in a crime.

The above a just some of the exhaustive list of examples where law enforcement officers can say they had reasonable suspicion to pull you over. However, if you’re driving safely and obeying traffic laws, law enforcement is not allowed to pull you over and stop you on a hunch or because of your skin color, your age, or how you look.

What Happens If You Were Stopped Illegally?

If you were pulled over and there was no valid reason for the stop, it may be considered unconstitutional stop. We have been successful many times in having cases dismissed due to this exact fact, because in the court legal issues matter.

The Amarosa Law Firm, P.A. is extremely important to your case. Most traffic stops lead to other situations and charges; in Tampa Florida many traffic stops lead to additional charges and the police further or move to other “investigations” and Police use the stop to ask if they can search you and your belongings, DO NOT CONSENT TO A SEARCH!

Illegally Obtained Evidence and the Exclusionary Rule

If any evidence obtained was a result of the illegal stop such as drugs, weapons, or cash we may be able to have that evidence thrown out of court by making a motion to suppress that evidence, meaning it cannot be used against you. The law has what is called the exclusionary rule, this is a legal doctrine that is designed to protect you and your rights from illegal intrusions. It requires the arguments of a well drafted and argued motion to suppress to the Judge. Amarosa can help you file and argue these types of motions.

What to Do If You’re Pulled Over

If you are pulled over:

1. Stay calm and polite.
2. Do not make any sudden movements and keep you hands were the officer can see them, you do not want things to escalate for no reason.
3. Just give the officer your driver’s license, registration, and proof of insurance when requested.
4. You can decline a vehicle search unless the officer has probable cause, a warrant, or your consent.

Can law enforcement pull over individuals for no reason? Legally, no. There are exceptions, however, law enforcement  must have reasonable suspicion based on specific facts.

If you are facing legal challenges because of a traffic stop, call us, reach out to the criminal defense attorneys at Amarosa Law Firm, P.A. for effective representation. CALL US AND LETS TALK ABOUT IT.  813-251-0700 AMAROSALAW.COM