Providing False Information to Police Charge is Not Valid in Florida After Improper Arrest

In Florida, it is illegal for a person who has been arrested or detained by the police to give false identification information to the police. This is a misdemeanor crime in Florida. This charge usually comes after a situation where the police either arrest someone or suspect someone is committing a crime and detains him/her. The police officer will ask the suspect for his/her name and perhaps date of birth to run him/her in the computer to check for outstanding warrants. If it is determined that the suspect gave false information, the police officer may arrest the suspect for providing false information to the police, among other crimes
However, this criminal charge will not be valid if the initial arrest or detention of the suspect is not legal. If the police officer does not have a legal basis to stop the suspect or arrest him and then the suspect gives false identification information to the police, the criminal defense lawyer should be able to get the charge thrown out even if the suspect did in fact provide false information to the police. Therefore, in a situation where a police officer suspects a person of committing a crime without specific evidence, detains that person and the person gives a false name, the person is not technically guilty of the crime because the initial detention would not be considered lawful.