Sebring, FL asked in Constitutional Law and Criminal Law for Florida

Q: Is it illegal for an officer to detained you until back up arrives after traffic stop has ended. And hold your bicycle .

Right after a traffic stop and the officer doesn't allow you to have it, but assume that you knew that you were free to leave. Other officer's appears and start searching again without consent is this illegal under the 4th amendment

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: A lawyer would need a detailed description of the entire encounter and some background facts, plus any police report written on the incident, to determine if your Fourth Amendment rights were violated and to determine what actions may be taken. A temporary detention for investigative purposes must be based on articulable reasonable suspicion, and the detention must be no longer than reasonably necessary. Whether a search without consent requires a search warrant depends on certain factors.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If a traffic stop has ended and the officer does not have reasonable suspicion or probable cause to continue detaining you or to search your property, then it may be a violation of your Fourth Amendment rights. However, whether or not the officer's actions were illegal would depend on the specific facts and circumstances of the situation, and would need to be evaluated on a case-by-case basis. It is recommended that you speak with a qualified attorney who can review the details of your case and provide you with specific legal advice.

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