QUESTION
Can the police stop that kid on the street for attempted robbery, search him and arrest him?
Asked on Jan 09th, 2013 on Criminal Law - Florida
More details to this question:
There obviously was an attempt robbery of food and maybe money, but the victim (witness) could not identify one of the kids. Can the police stop that kid on the street, search him and arrest him? The kid is being detained; I guest because he is already on probation. Also, if the witness (victim) do not appear in court, can the courts still detain the kid?
6 ANSWERS
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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The police can detain and arrest him if they have probable cause to believe he was involved in a felony. Whether or not the detention and arrest was lawful is often the subject of many pre-trial motions to invalidate it when the case is filed by the DA. At some point, the victim will need to testify and either a judge or a jury will decide if he is guilty.
Answered on Jan 14th, 2013 at 12:59 PM
Michael J. Breczinski
He probably fit the description of one of the perpertators. So they arrested him. If the person does not come to court when subpoenaed then the matter could be dismissed.
Answered on Jan 14th, 2013 at 12:59 PM
3 Awards
The stop must be based on something identifying the person stopped, clothing description, general description or approximate location. Police cannot just stop everyone and search them.
Answered on Jan 11th, 2013 at 1:47 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, if the police have probable cause. It certainly sounds like they do. They can hold him for 2 reasons: suspicion of robbery and probation violation.
Answered on Jan 11th, 2013 at 1:47 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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The police may conduct a brief investigatory stop on a person if they have an objectively reasonable belief that the person was involved in a crime. If the witness/victim can't identify anyone, then it would be difficult for the police to claim that they have a reasonable basis to detain a person, who otherwise has a right to be free. Ultimately the State will be required to prove the guilt of the defendant by presenting witnesses in court, so if there are no witnesses then the State won't be able to prove the defendant's guilt and the charges would be dismissed.
Answered on Jan 11th, 2013 at 1:46 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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A police officer can detain a person based upon reasonable suspicion that the person is involved in criminal activity, based on the totality of the circumstances. If the police officer had already received a report to be looking for the suspect specifically, or someone meeting his description, and the basis for detaining that person.
Answered on Jan 11th, 2013 at 1:46 PM