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Can a Teenager Be Arrested for "Loitering or Prowling"

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  • 06-19-2013, 09:02 PM
    tsnipo
    Can a Teenager Be Arrested for "Loitering or Prowling"
    My question involves criminal law for the state of: Florida

    Could I be arrested?
    Here's my story: Some friends and I were walking down the street at around 9:30. We saw some geckos on a local business that was about to be moved to the town a mile over ( The building was abandoned, and completely empty) So we got a flashlight and caught them off the wall. I did my research and I understand that if I look suspicious, Its reasonable for a officer to approach me. I also understand I could be arrested for running/concealing my identity or any items from the officer. Here's where it gets interesting :

    So here we are at a 24/7 gas station down the road, buying drinks and snacks. We walk out and begin to head home, an officer pulls up and call me to his car. I walk up, flashlight and bucket in hand, and say hi. The officer asks if me and my friends came from the building (abandoned one) down the road around 30min ago. I say yes sir that was us. He responds very aggressively " I got a call about some kids loitering and prowling down near there do you know what that is?" I say I know what loitering is but not prowling. He continues still angry " I could take you boys in and start you a criminal record, would you like that?
    We all say no sir. Then he asks us where we live, tells us to go home, and then says " If i see you walking again.. I will arrest you all"

    Could he really arrest us? I don't think so... here's why

    856.021 Loitering or prowling; penalty.—
    (1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
    (2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
    (3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    According to this, which i read from:www.leg.state.fl.us The officer could not arrest us for catching geckos, or if he saw us walking again because, during his rant, he left out a couple important question like: Who are you?, Why were you here?, What were you doing? He just assumed because we're teenagers, and its late, that we were attempting to look or steal items from a store ( Which is abandoned, and empty I might add.)

    I just thought i would get more opinions on the matter.
    Thanks
  • 06-19-2013, 09:14 PM
    jk
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    did you enter the building?

    the building being empty has nothing to do with this.

    Quote:

    , under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
    the building is "property"

    I do not see the charge listed as fitting your actions.


    Quote:

    I understand that if I look suspicious, Its reasonable for a officer to approach me.
    a cop can walk up to you and initiate a conversation without reason.
  • 06-19-2013, 09:23 PM
    tsnipo
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    I did not enter the building. I walked up picked up the gecko then walked to the store.
    And yes, i know a officer can walk up and start a conversation with me. I meant like approaching me and assuming i was doing something illegal, not just having a conversation.
    The only reason I made it clear that the building was empty is because he assumed i had the intention of stealing things, when there was nothing to steal
    And about that part : under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity

    The building is property, but the officer never asked what we were doing there. No one lives there, nothing is inside of it, and all i had was a flashlight and a bucket for the gecko. I didn't look prepared to vandalize or break in to the building.
  • 06-19-2013, 09:51 PM
    jk
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    Just what do you think one must have to make them look like they are going to break into or damage a building? A flashlight is a good start. I don't know too many people that carry a flashlight as they walk down the street and a bucket is a great tool to carry stolen copper wire or other materials in
  • 06-19-2013, 11:39 PM
    tsnipo
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    The bucket was one of those little see through buckets from the pets store. I don't think anyone would use one of those for stolen wire..and expect to make it home walking straight through an entire town. I carried a flashlight because it gets dark..I don't know about you but i can't see to well in the dark and its hard to see little geckos when you can't see. Yea, it's true very few people actually carry flashlights, but some people like me feel safer walking in the woods when you can look around a bit when you hear a twig snap...and when you live in the woods..you usually have to walk through them quite a bit to get to town and back.

    I didn't want an investigation done on whether or not i looked shady, but what i did want an answer to is can an officer arrest me,a 15 year old, without properly questioning me and getting proof of a crime? Can he arrest me for walking down the road at night now like he threatened?
  • 06-19-2013, 11:45 PM
    jk
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    Ok, fine. If that is all you want:

    yes, he can.
  • 06-19-2013, 11:48 PM
    tsnipo
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
    What does this mean then?
  • 06-19-2013, 11:55 PM
    jk
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    Look. You wants an answer as to whether he could arrest you or not. The fact remains, he could. Whether that would result in a conviction is a totally different question, one you did not ask. You insisted on an answer to only the question asked so I gave you that.
  • 06-20-2013, 12:30 AM
    cdwjava
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    As has been mentioned, COULD he arrest you? Yes, he probably could. Would the case be filed and prosecuted? No one can say with any certainty.

    Best bet: If the officer says it's time to go home, maybe it's time to go home. No good can come from wandering around in an area where there are abandoned or closed businesses and buildings at night, and all you do is leave yourself open to additional police contact and - possibly - as a suspect for anything that might happen in the area. Just your luck if someone had just broken into a building or started a fire in a structure about the time you were gecko hunting.
  • 06-20-2013, 01:04 AM
    aardvarc
    Re: Can I ( a 15yr Old Male) Be Arrested for "Loitering or Prowling"
    Actually, he could charge you with both L&P as well as possession of burglary tools, a dual charge. Prosecutors in FL love teens roaming on property where they don't belong with flashlights and containers of any type.
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