What To Do When Being Detained By Police in Florida

June 19, 2025

Protect Your Rights, Avoid Mistakes, and Call a Criminal Defense Attorney Without Delay

As a Florida criminal defense lawyer, I've stood beside countless people caught off guard by police encounters. Many of my clients didn't even realize they were being detained until it was too late. The difference between walking away and facing criminal charges often comes down to what you do—or don't do—in those critical first moments. If you're being detained by police in Florida, every word you say and every move you make can change your future. Let me walk you through what you need to know, what the law says, and how a private attorney like me can fight to protect you.

Understanding Detention Under Florida Law

The word "detained" isn't just a casual term—it has a very real legal meaning. Under Florida law, a police detention is a situation where you're not free to leave but haven't yet been arrested. This is often referred to as a "stop and frisk" or an "investigative stop." These types of encounters are governed by both the Fourth Amendment of the U.S. Constitution and Florida Statute § 901.151, also known as the Florida Stop and Frisk Law.

Florida Statute § 901.151(2) states:

"Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state… the officer may temporarily detain such person for the purpose of ascertaining the identity of the person and the circumstances surrounding the person's presence abroad which led the officer to believe that the person had committed, was committing or was about to commit a criminal offense."

This gives officers the authority to briefly detain you, but only if they have "reasonable suspicion"—which is a lower standard than "probable cause." But that doesn't mean they can detain you indefinitely or question you without limits.

In my experience, officers sometimes stretch that definition of "reasonable suspicion." That's why it's so important to stay calm, stay silent, and call a lawyer the moment you're released—or have someone else call on your behalf if you're being arrested.

What You Should and Shouldn't Say

The most common mistake I see? Talking too much. People want to explain, clear things up, or even be helpful. But here's the truth: if the police are detaining you, they're already looking at you as a suspect. You cannot talk your way out of that. You can, however, talk your way into a criminal charge.

The Fifth Amendment of the U.S. Constitution protects your right to remain silent. So does Florida Statute § 901.151(3):

"No person shall be required to answer any questions… during such temporary detention."

You are not legally obligated to answer anything beyond identifying yourself. You can simply say, "I am choosing to remain silent, and I want a lawyer." Then stop talking. Don't explain, don't justify, and don't argue.

And do not lie. False information can turn a detention into a felony. Florida Statute § 837.05(1)(a) makes it a first-degree misdemeanor to knowingly give false information to law enforcement. If it concerns the commission of a capital felony, it becomes a third-degree felony.

Can Police Search You During Detention?

Sometimes, the police will try to pat you down or look through your belongings "for officer safety." Under Florida Statute § 901.151(5), officers can perform a limited frisk if they reasonably believe they're armed. But that doesn't mean they can go through your phone, your backpack, or your car without probable cause or consent.

I've won cases where the entire arrest unraveled because the officer went beyond what the law allowed. In one case, an officer detained my client outside a gas station, suspected him of being involved in a robbery, and patted him down. That was lawful. But then the officer opened his backpack without consent or a warrant—and found a weapon. We filed a motion to suppress based on unlawful search. The court agreed, and the case was thrown out. That's the power of knowing your rights—and having the right defense attorney.

What Happens After You're Detained?

If the officer believes they now have probable cause, the detention can turn into an arrest. Otherwise, they must let you go. But even if you're released, don't assume it's over. Many people are charged days or even weeks later after the officer submits a report to the State Attorney's Office.

This is why your next call should always be to a criminal defense lawyer. I've had success stopping charges from ever being filed simply by intervening early. I've made calls to prosecutors, presented evidence that my client was wrongly identified, or filed motions challenging the legality of the stop itself.

The Legal Standard for Detention vs. Arrest

The difference between a legal detention and an unlawful arrest comes down to probable cause. According to Florida Statute § 901.15, an officer may arrest someone without a warrant if they have probable cause to believe that person has committed a felony or certain misdemeanors.

Here's the thing—officers don't always get that line right. I've handled many cases where someone was held too long without probable cause, effectively turning a temporary detention into an illegal arrest. And when that happens, anything obtained as a result of that detention may be inadmissible in court under the exclusionary rule.

What Defenses Can Apply to Illegal Detention?

There are several potential defenses when detention is not lawfully carried out:

Unlawful stop: If the officer lacked reasonable suspicion, everything that followed may be suppressed.
Extended detention: If the officer detained you beyond a reasonable time without developing probable cause, that can void any evidence found.
Coerced statements: Anything you say without being properly informed of your rights—especially during a custodial interrogation—can be thrown out under Miranda v. Arizona.
Illegal search: A frisk or search that goes beyond what the law allows can lead to suppression of evidence.

These defenses aren't just technicalities. They're constitutional safeguards. And having an experienced private attorney makes all the difference in identifying these flaws and forcing the court to act.

Real Case Example: From Felony Charge to Dismissal

Let me tell you about a case I handled last year. My client was a college student who stopped in downtown Orlando because an officer claimed he looked "nervous." The officer detained him, asked a few questions, then claimed to smell marijuana and searched his car without consent. They found a vape pen containing THC oil—enough to charge him with a third-degree felony under Florida Statute § 893.13(6)(a).

When his parents called me, I immediately requested the body cam footage. It showed my client was respectful, compliant, and gave no reason to suspect criminal activity. The officer extended the stop and searched without a warrant or probable cause. I filed a motion to suppress the evidence as the product of an unlawful search. The court granted it, and the case was dismissed before it ever got near trial.

That's why you don't wait. That's why you need a lawyer on your side from the very beginning.

Why You Should Never Face Police Alone

The truth is police officers are trained to control the situation and extract information. Most people are not trained to resist that pressure. I am. That's my role—to protect you from saying something you'll regret, to block unlawful searches, and to challenge questionable police tactics.

Even if you think you did nothing wrong, do not assume the system will treat you fairly without someone fighting for you. Call a lawyer before charges are filed. Don't wait until you're handcuffed in court.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Being Detained by Police in Florida

What should I say to the police if I'm being detained?

You should identify yourself if asked, but beyond that, politely state that you wish to remain silent and want an attorney. Do not try to explain your side of the story. Even innocent explanations can be twisted and used against you. Just say: "I'm exercising my right to remain silent, and I want to speak with a lawyer."

Can the police search my bag or car during detention?

They can only perform a limited frisk for weapons if they believe they're in danger. They cannot search your bag, car, or phone without consent, a warrant, or probable cause. Always make it clear that you do not consent to any search, even if you have nothing to hide.

How long can police detain me without arresting me?

There is no exact time limit, but courts generally require detention to be brief—usually no longer than necessary to confirm or dispel the officer's suspicion. Holding you for an extended time without probable cause may be unlawful and grounds for suppression of any resulting evidence.

What happens if I'm detained but then released?

Even if you're released, you could still be charged later. Officers may write a report and submit it to the State Attorney's Office. That's why you should call a criminal defense attorney immediately. We can sometimes intervene and prevent charges from being filed.

Can I sue the police for unlawful detention?

If your rights were violated—for example, if you were searched illegally or held without reasonable suspicion—you may have grounds for a civil rights lawsuit. However, these cases are complex and hard to win without strong legal representation. Even if you don't sue, we can often use the unlawful detention to get your criminal case dismissed.

What if I was detained based on mistaken identity?

Mistaken identity is more common than you'd think. If police detained you because you "matched a description," we can investigate surveillance footage, witness statements, and police reports to prove you were misidentified. I've won several cases this way.

Is it better to have a private lawyer or a public defender?

Public defenders work hard, but they're often overburdened. When you hire a private attorney, you get someone who has the time and resources to focus on your case immediately—sometimes before charges are even filed. I've stopped charges early just by contacting the State Attorney and presenting key facts they never got from the police.

Let me fight for you before it's too late.