Unlawful Detention

Law enforcement must have a lawful reason to detain you. If they do not, any evidence they recovered from the unlawful detention may be thrown out.


Consensual Citizen Encounter:

Anyone, including a law enforcement officer, can walk up and ask to speak with you. That is called a “consensual citizen encounter” and it is not illegal. But if they do or say anything that would make a reasonable person feel they cannot leave, then it becomes a detention.

Reasonable Suspicion of Criminal Activity:

When a reasonable person would not feel free to leave an encounter with law enforcement, they are detained. Law enforcement must have reasonable suspicion of criminal activity to do so. Likewise, to detain people in a vehicle, law enforcement must first have reasonable suspicion of criminal activity or probable cause of a traffic infraction.

Evidence used in court must have been obtained by lawful means. If law enforcement violated Florida Statutes, the Florida Constitution, or the Federal Constitution to get that evidence, a “Motion to Suppress” properly filed and argued in court may result in throwing that evidence out. If enough evidence is thrown out, the case may even be dismissed. You have a right to be free from unlawful search and seizure.

If you’re facing any charges, contact Blaine today to discuss your case.