Consensual Encounters A consensual encounter is one where an individual, who is not being investigated, is asked by law-enforcement to speak with them. This type of encounter is not a detention or arrest. If you do not want to speak to the officer, which is your right, you may want to make sure the officer understands your position by tell him or her:
- I do not wish to speak with you;
- This interaction is NOT consensual;
- I am invoking my Fifth Amendment rights and refusing to answer ANY questions;
- Please do not ask me any questions without my attorney present;
- I furthermore invoke my Fourth Amendment rights and do NOT consent to ANY searches of my persons and or property.
Investigatory Stop Detention
If an officer has reasonable suspicion that a crime has been committed or is about to be committed, and you may have committed it or you are about to commit it, you may be detained for a reasonable period so that law-enforcement may investigate.
In this situation failure to identify yourself may lead to your arrested. However, you may employ the above five states so that you do not incriminate yourself.
In Florida police may arrest for a felony or misdemeanor committed in their presence or, in a felony case, based upon probable cause that the felony was committed and you probably committed. Otherwise the police need a valid arrest warrant. If arrested you my employ the above five statements so you do not incriminate yourself.