Legal Question in Traffic Law in Florida

i am a minor. i was pulled over for having a "suspicious looking vehicle." I was not supposed to be in school due to spring break but i was with two other kids who were supposed to be in school at the time. the officer demanded my father's phone number and i gave it to him. Could i have refused to give him the number? what should i have said? also, they searched my vehicle. could i have refused that?


Asked on 4/27/11, 12:18 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Yes, yes, and yes. You do not have to provide information to an officer unless you are being arrested for a crime or being issued a traffic infraction. You can always say that you refuse to answer any questions without an attorney being present and that you are exercising your right to remain silent. Also, NEVER let cops search your vehicle. You have a right to refuse that, it's just they don't tell you have the right to refuse. It sometimes will feel that if you don't you'll be arrested, but the fact is, they can only arrest you if they have probable cause to do so. There may be unscrupulous officers out there who will "search" your vehicle and magically find something to use against you. That is why it is best to say no. If they do it against your wishes, then anything found can not be used against you. As a practical matter, it is sometimes difficult to say no, and it takes personal fortitude, but stand up for your constitutional rights. They are there to protect you from the abuse of police power.

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Answered on 4/27/11, 2:29 pm


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