Should I Talk to Police in Florida?

Why an explanation can hurt

Police questioning is designed to obtain information and evidence. Even an innocent explanation may lock a person into details before the evidence is known. A mistaken date, incomplete answer, or later inconsistency may be characterized as proof of guilt or dishonesty.

Statements may also reveal witnesses, locations, digital evidence, possible defenses, or facts the police did not previously know.

What to say

A direct statement is generally better than prolonged discussion: “I am invoking my right to remain silent. I want a lawyer.” After invoking those rights, stop discussing the facts.

Florida law may permit an officer conducting a lawful temporary detention to investigate identity and the circumstances that caused the detention. The existence and scope of any duty to identify depends on the situation. That does not require volunteering a narrative about the suspected crime.

Do not create new evidence

Do not delete messages, destroy records, coach witnesses, post about the investigation, or ask another person to provide a false account. Preserve relevant documents, video, location information, and communications for counsel.

Primary authority

Florida’s Stop and Frisk Law is section 901.151, Florida Statutes. Constitutional protections concerning compelled self-incrimination and counsel arise from the Fifth and Sixth Amendments and related decisions. The application of those protections depends on custody, interrogation, invocation, waiver, and the procedural stage of the case.

Related resources

What to do after an arrest • Florida criminal-defense information • Can police search my car?

Speak with counsel

Call (239) 400-FREE or email ken@kenturnerlaw.com.