Police Encounters: Traffic Stops in Florida
Generally, a traffic stop is considered reasonable, and therefore legal:
- If the police have a legitimate reason (called “reasonable suspicion”) for stopping the motorist in the first place, and
- If the police conduct the roadside detention in a reasonable manner.
Random Traffic Stops
Law enforcement officers cannot engage in random stops of motorists to check driver’s licenses, vehicle registrations, or insurance. If an officer pulls you over for a traffic stop, the officer may detain you for the amount of time reasonably necessary to verify your driving credentials and to issue a warning or citation.
Vehicle Searches
Unless a law enforcement officer has probable cause, or you voluntarily consent, the officer cannot search your vehicle after you’ve been stopped. An officer may have probable cause to search your vehicle without a search warrant if there is evidence of a crime or contraband in your car. If officers have probable cause to conduct a warrantless search of your car, the search is limited to the object of the search and the places where it may be found.
What does all this mean? Suppose an officer properly pulls you over for speeding and when you lower your window, the officer clearly sees a small baggie of powder cocaine. The officer may now have probable cause to search your car, without a warrant, because of the plain view of the cocaine. Officers would be allowed to search any spot where they might reasonably find cocaine within the vehicle, such as the center console, glove box, trunk, and even any bag large enough to hold cocaine.
For additional information about operating a motor vehicle in Florida, please refer to the Florida Highway Safety and Motor Vehicles.