Arrests by Undercover Officers: Are They Legal in Fort Myers?

The Department of Justice states that a plainclothes officer should conceal their equipment from public view. But what happens if one of these officers tries to arrest you? How can you tell whether they are a legitimate law enforcement officer? What about undercover officers? Are you legally allowed to resist arrest in Fort Myers if a plainclothes officer tries to take you into custody? These are questions you might want to ask an experienced criminal defense attorney.

If You Didn’t Know the Arresting Individual Was an Officer, You Shouldn’t Face Charges

In order to convict you of resisting arrest, prosecutors must prove that you were aware that the person who tried to arrest you was a police officer. If you genuinely had no knowledge of the identity of a plainclothes or undercover officer, you probably had every right to resist arrest. After all, how are you to know whether this individual was a violent criminal? Even if they yelled out “Police!” before attempting to tackle you to the ground, they might have been lying.

Indeed, many violent criminals impersonate police officers while attempting to rob or harm innocent people. This has occurred countless times throughout Florida, and these criminals often use fake badges and other paraphernalia to carry out this deception. You should always prioritize your safety, and this may require you to resist arrest if you have no idea what is going on.

If you are charged with resisting arrest, prosecutors must establish that you reasonably should have known that the person arresting you was a police officer. If they were not wearing a uniform or were driving an unmarked car, this might be difficult for the prosecutors to prove. Even if they showed you a badge, it could have been fake. After all, the average citizen cannot discern between a fake badge and a genuine form of police identification.

This defense strategy may also apply to vehicular pursuits. For example, plainclothes police officers might start pursuing your vehicle in an unmarked car. If you attempt to flee from them, you may be justified in doing so. This is because there is no way to tell the difference between an unmarked vehicle (potentially driven by violent criminals) and a police vehicle.

Can a Criminal Defense Attorney in Fort Myers Help Me?

A criminal defense attorney in Fort Myers may be able to help if you face charges of resisting arrest. If you were not aware that the person attempting to arrest you was a police officer, this is a legitimate defense against charges. You may be able to discuss this strategy in more detail during a consultation with The Foley & Wilson Law Firm. Continue this conversation with our experienced defense attorneys today.

Sources:

 ojp.gov/ncjrs/virtual-library/abstracts/surviving-plain-clothes-confrontations

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0843/Sections/0843.02.html