Dana Morris, a trusted and highly rated criminal defense lawyer in Panama City, Florida, answers three common legal questions about police searches, Miranda rights, and finding reliable legal information in Bay County.
Last updated: October 2026
1. As a criminal defense attorney, what is one common legal mistake that people make that you wish you could teach everyone?
One common mistake is assuming that you have to give consent when a law enforcement officer asks to search your vehicle. You have the right to refuse consent to a search, but that does not necessarily prevent police from conducting a search if they have another lawful basis to do so.
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. Depending on the circumstances, police may be able to search a vehicle without the driver’s consent, including when an exception to the warrant requirement applies.
You may think that if an officer asks for permission to search your car, it is just a bluff to see whether you have something to hide. But you should take the question seriously. You can calmly state that you do not consent to a search. Do not physically interfere with law enforcement, even if you believe the search is unlawful. If you believe your rights have been violated, a criminal defense attorney can evaluate the circumstances and determine whether the search can be challenged.
2. Practicing law in Bay County, what is your favorite resource to point people to for legal questions?
There is absolutely no substitute for legal advice from a lawyer who practices in the area of law relevant to your situation. However, many Florida county clerk websites now provide helpful online resources about court procedures, records, and frequently asked questions.
For people looking for court-related information in Bay County, Florida, the Bay County Clerk of Court’s website is a good place to start. It can help you find general information about court services and procedures.
Keep in mind that general online information is not a substitute for legal advice about your particular circumstances. If you have been arrested, charged with a crime, or contacted by law enforcement about a criminal investigation, an attorney can help you understand your rights and options.
3. What is one legal myth that you’ve heard of and would like to dispel?
One common myth is that law enforcement must read you your Miranda rights for an arrest to be valid. That is not true.
Miranda warnings generally are required before custodial interrogation—that is, questioning by law enforcement when a person is in custody and the questioning is designed to elicit incriminating responses.
An officer can ask certain routine questions, such as questions about your identity, without necessarily triggering Miranda protections. Likewise, if you are in custody but are not questioned about suspected criminal activity, Miranda warnings generally are not required simply because you have been arrested. And if police question you about a crime but you are not in custody, Miranda warnings generally are not required.
So, what constitutes custody? It depends on the circumstances of the encounter, including whether a reasonable person in that situation would feel free to end the encounter and leave. Being handcuffed, being placed in a patrol car, or being questioned in an intimidating manner may be relevant, but no single factor automatically determines whether someone is in custody for Miranda purposes.
If you are being questioned about suspected criminal activity, you can clearly state that you wish to remain silent and ask for an attorney. If you are in custody and request counsel, stop answering questions and do not try to explain your way out of the situation.
Everyone has rights! At The Morris Law Firm in Panama City, Florida, we help people understand and defend their rights when facing criminal charges. We offer free consultations to discuss your case and guide you through the legal process.
If you or a loved one needs a criminal defense lawyer in Panama City, Panama City Beach, or Bay County, call us at (850) 257-5680. We are available 24 hours a day to take your call. Consultations are free with one of our experienced criminal defense attorneys.
