Can I Get Charges Suppressed if Arrested as a Passenger?

Question from Audrey, Can I Get Charges Suppressed if Arrested as a Passenger?

Answer from AI:

If you were a passenger during a valid traffic stop in Daytona Beach, Florida, and the driver had a small bag of drugs in his pocket, the situation becomes complex. The officer’s actions, including demanding your ID and arresting you for resisting, hinge on several legal principles. Let’s break down the key points and relevant laws.

Understanding Reasonable Suspicion and Traffic Stops

During a traffic stop, police officers have the authority to ask for identification from the driver. However, the rules for passengers are different. Generally, an officer needs reasonable suspicion that a passenger is involved in criminal activity to demand their ID.

Key Legal Concepts

• Reasonable Suspicion: This is a lower standard than probable cause and means that the officer has specific and articulable facts suggesting that a person is involved in criminal activity.
• Probable Cause: A higher standard requiring a reasonable belief, based on facts, that a person has committed a crime.
• Resisting Arrest: In Florida, resisting an officer without violence is a misdemeanor under Florida Statutes Section 843.02.

Case Law and Legal Precedents

Several court cases have addressed the rights of passengers during traffic stops:

1. Brendlin v. California (2007): The U.S. Supreme Court ruled that passengers are seized during a traffic stop and thus have standing to challenge the legality of the stop.
2. Hiibel v. Sixth Judicial District Court of Nevada (2004): The Court held that states can require individuals to identify themselves during a stop if there is reasonable suspicion of criminal activity.

Florida Specific Laws

In Florida, the law regarding passengers and ID requests is nuanced. If the officer had reasonable suspicion that you were involved in criminal activity, they could legally request your ID. However, if the only basis for the request was the driver’s possession of drugs, this might not constitute reasonable suspicion against you.

Steps to Take

If you believe your rights were violated, you can take the following steps:

1. Consult a Lawyer: Given the complexity of the situation, it’s crucial to seek legal advice. A lawyer can help you understand your rights and the specifics of your case.
2. File a Motion to Suppress: Your attorney can file a motion to suppress the evidence obtained during the stop if it was gathered in violation of your Fourth Amendment rights.
3. Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage of the stop.

Resources and Further Reading

For more information, you can refer to the following resources:

• Brendlin v. California
• Hiibel v. Sixth Judicial District Court of Nevada
• Florida Statutes Section 843.02

When to Seek Legal Advice

Given the potential consequences and the complexity of the legal issues involved, it is highly recommended to consult with a legal professional. An attorney can provide personalized advice and represent you in court, ensuring that your rights are protected.

Remember, this information is intended to provide a general understanding of the law and should not be taken as specific legal advice. Always consult with a qualified attorney for advice tailored to your particular situation.