What you should know under Florida law—and why having a private defense lawyer matters from the start
When can the police temporarily hold you?
Under Florida Statute § 901.151, officers are allowed to briefly detain someone if they have “reasonable suspicion” that the person has committed, is committing, or is about to commit a crime.” The statute makes clear:
“No person shall be temporarily detained … longer than is reasonably necessary to effect the purposes of that subsection.”
In short, police can stop you to ask questions or check your ID, but only for a short period needed to confirm or dispel their suspicion.
What counts as “reasonable suspicion”?
Reasonable suspicion means there are specific, identifiable facts supporting the officer’s hunch—not just a gut feeling. Examples include:
- You’ve committed a minor offense (like a traffic violation).
- They see behavior that suggests criminal activity.
But if an officer is just making vague guesses—like stopping someone late at night in a sketchier neighborhood—they haven’t met the standard.
How long is too long?
Beyond being limited to investigating suspicion, Florida law demands that the detention not exceed what’s necessary to address it. If the officer finds nothing, the encounter must end.
Florida law aligns with federal decisions like Rodriguez v. United States (2015), which ruled:
“A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.”
The criminal law test comes from United States v. Sharpe (1985): Are officers acting diligently to wrap up?j
Generally, courts find 90 minutes or more is unreasonable absent probable cause.
What about traffic stops and passengers?
Under Florida Supreme Court ruling in Presley v. State (2017), officers may hold everyone in the car for the duration of a lawful traffic stop:
- Stopped for a broken taillight or stop sign.
- The officer requested everyone produce ID.
- No one in the car could leave until the stop ended.
- Time was limited to completing license checks and writing tickets.
- A passenger’s later confession led to a probation violation.
- The court held the detention was allowed because it didn’t exceed the time needed.
But if officers prolong the stop with activities unrelated to the traffic violation—like a drug-sniffing dog walk—courts say that’s unconstitutional unless they have fresh suspicion.
What protections do you have?
- Fourth Amendment & Florida Constitution: Your rights protect against unreasonable seizures. You can challenge a detention that drags on without new justification.
- Motion to Suppress: If your stop runs too long or officers ask ID without reasonable suspicion, your attorney can file a motion to exclude evidence gathered during the illegal part.
- Civil lawsuit: You may be able to sue for damages—lost wages, emotional harm—if the detention was illegal.
- ID requests: Unless police already have reasonable suspicion, you’re not legally bound to show your ID or answer questions.
Why you need a private attorney
- Officers and public defenders may not fully stress ALL suppression or civil claims—private lawyers do.
- A private counsel can build a defense early, preserving your rights.
- If you’ve already been searched or detained illegally, valuable evidence might be suppressed thanks to early legal action.
A real case I handled
My client, “Alex,” was pulled over for dim headlights in Tampa. While the officer was issuing the ticket, the passenger (not Alex) fled. The officer then said he had new suspicion and deliberately kept Alex for “dog sniff,” which took about 15 minutes, and no drugs were found during the stop—but a dog alerted later.
What I did:
- Filed a motion to suppress, arguing police lacked fresh suspicion for the dog sniff.
- Invoked Rodriguez—they extended the stop beyond the headlights fix.
- Emphasized failure to diligently pursue the ticket: a delay of 15+ minutes was unjustified.
Result:
The judge granted suppression. The drug evidence was excluded, prosecutors dropped charges, and Alex walked free. That outcome hinged on early, aggressive defense—and a private attorney who acted fast.
Common questions about detentions
Can police hold me to wait for a drug dog?
No. Under Rodriguez, once an officer finishes issuing your ticket or warning, they must let you go—unless they get new reasonable suspicion during the stop. A K‑9 sniff isn’t valid on its own.
What if I wasn’t a driver—just a passenger?
You’re still covered. Presley v. State confirms passengers can be held, but only for the reasonable duration of the stop.
What defines “reasonable duration”?
Florida Statute § 901.151 and federal cases say it can’t exceed what’s necessary for the stop’s purpose. Around 10–20 minutes is usually fine; anything over 90 minutes without cause is likely unreasonable.
What if the officer smelled something suspicious during that stop?
If fresh facts emerge—like smelling marijuana—officers then have reasonable suspicion to prolong things or search. However, without such developments, the detention must end when the routine work is done.
Can I refuse to show ID or answer questions?
Yes—unless officers can show you were legitimately detained under § 901.151, you can decline to ID yourself. If you do show ID, don’t volunteer more info—just confirm your lawful name.
I hope this helps clarify how long police can hold you, what rules apply, which defenses you have, and why early defense makes a difference. If you or someone you care about has had their rights tested by a roadside or street detention, reach out to our firm for a free consultation.
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.
