DUI Attorney Kevin J. Pitts areas of practice include DUI defense and criminal law. Mr. Pitts is a former Assistant State Attorney and has handled hundreds of DUI cases in Central Florida.
Thursday, September 15, 2011
What Is Reasonable Suspicion In Florida?
If you have been pulled over for a traffic stop detained by police or asked to perform field sobriety exercises you might be curios what the legal standard is for the police action. The standard to pull someone over for a traffic stop, to detain an individual or to request field sobriety exercises is reasonable suspicion. A police officer's bare suspicion of criminal activity is insufficient to justify an investigatory, or Terry, stop. State v. Walker, App. 2 Dist., 991 So.2d 928 (2008), rehearing denied. A mere hunch that criminal activity may be occurring is insufficient to constitute reasonable suspicion to justify stopping an individual. Berry v. State, App. 1 Dist., 973 So.2d 1255 (2008). Mere suspicion is not enough to support a stop. Newkirk v. State, App. 2 Dist., 964 So.2d 861 (2007). A police officer's founded suspicion for a valid investigatory stop cannot be based upon a mere hunch or guess. Williams v. State, App. 5 Dist., 910 So.2d 368 (2005). For more information go to Daytona Beach DUI lawyer Seminole County DUI attorney Kevin J. Pitts.