When Pulled Over in FL Provide Driver License, Proof of Insurance and Vehicle Registration, and NOTHING ELSE! / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI
Q: IN FL WHEN BEING STOPPED BY A COP IS IT ILLEGAL TO NOT SHOW YOUR LICENSE OR REGISTRATION, RATHER GIVE YOUR NAME /ADDRESS ORALLY? IN FL WHEN BEING STOPPED BY A COP IS IT ILLEGAL TO NOT SHOW YOUR LICENSE OR REGISTRATION, RATHER GIVE YOUR NAME /ADDRESS ORALLY? Giving that showing your license & or registration can be direct violation of 4th Amendment?? IN WHAT CIRCUMSTANCE MUST YOU PROVIDE YOUR LICENSE OR I.D in FLORIDA???
Answered . There is no 4th Amendment Violation where a police officer conducts a traffic stop and requests your relevant driving documents. In fact, as a consequence of your operating a motor vehicle you are required, upon request, to produce 3 items (a driver license, a registration certificate and proof of insurance). Your failure to produce any of these items can result in a non-criminal traffic infraction; but, should you further refuse to sign a citation, then your refusal to sign can result in your being arrested for a 2nd degree misdemeanor (see Florida Statute 318.14). In the event that the traffic stop was unlawful (i.e. the officer stopped you illegally, or in violation of case law) then your citations for failure to produce, including you refusal to sign, may be dismissed as what we call the "fruits of the poisonous tree".
In non-driving contexts, absent law enforcement's resaonable (and articulable) suspicion - or probable cause - that you have committed, are about to commit or are in fact committing a violation of law, you are free to reject law enforcement's requests to either speak with you or to present proof of identification.
You should be aware that what happens on the street and what happens in court often prove to be mutually exclusive.... That is to say that many a police officer resign themselves to the adage that "you can beat the rap but you can't beat the ride". Accordingly, you are almost always best advised to be polite and cooperative, but not to incriminate yourself in the process.
Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality.
Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
Michael A. Haber, Esq. is prepared to speak with you about your case! At Michael A. Haber, P.A. "its all about reasonable doubt"!
1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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