Arrested for Loitering While Riding My Bike on My Street
My question involves criminal law for the state of: Florida
A week ago I was riding my bike on my street at dusk. I was approached by a police car for not have proper lights on my bike. I identified myself and gave my home address to the officers. At that point another officer of higher rank arrived on the scene and arrested me for loitering. I have a court date in a couple of weeks. I have already purchased the necessary bicycle lights and have the receipt to prove it. At my court date, what can I do to have the charge dismissed?
Re: Arrested for Loitering While Riding My Bike on My Street
First find and read the law you were arrested for. I doubt very much that your were charged for loitering based on having no bicycle light and the fact that you have gotten one isn't going to help you now. That was their probable cause for stopping you.
Here is the FL loitering law. But you may have been charged under a local law.
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.
Re: Arrested for Loitering While Riding My Bike on My Street
All I can think of is go to court, plead not guilty, explain what you were doing there, provide copies of the receipts.
No guarantees.
Re: Arrested for Loitering While Riding My Bike on My Street
Loitering and Prowling is a difficult charge to prove. The best course is for you to plea not guilty, ask for a public defender or hire your own attorney, and refuse all plea offers. Demand a jury trial. On these facts, you will be in pretty good shape unless there is more you are not telling us (like testimony from the officer that you were trying car door handles looking for unlocked cars, etc.).
Re: Arrested for Loitering While Riding My Bike on My Street
As I initially stated, when police contact was first made I was riding my bike down my residential street without proper lights. I am in the process of obtaining the related police report so that I will have exact documentation of what the arresting officer's testimony was regarding this incident.
Re: Arrested for Loitering While Riding My Bike on My Street
How is that law even constitutional? It specifically includes fleeing or refusing to indentify one’s self as evidence of the crime itself.
But given that it is it would seem that if the suspect fled or refused to identify themselves the charge would be fairly easy to sustain.
Civilian; did you make any attempt to flee or did you refuse to identify yourself when asked?
did the officer provide you opportunity to dispel any concern or alarm prior to citing/charging you and did you dispel such alarm or concern by explaining your presence or conduct
Re: Arrested for Loitering While Riding My Bike on My Street
Upon initial contact with the police I identified myself and gave my home address. At no time did I make any attempt to flee. I was questioned by the police as to whether I had any illegal contraband and answered in the negative. A subsequent search of my person and clothing indicated that I was telling the truth. I was asked several times what I was doing out at that time (7PM) and replied that I often ride my bike for exercise. Again, this is a residential neighborhood and there are always joggers,walkers, bikers exercising. I admitted that I should have had proper lights for my bike. One of the officers replied that this was the reason for the initial stop. Shortly afterwards, another unit arrived and that officer(the arresting officer) began to aggressively question me. Again, I explained who I was, where I lived, what I was doing out, and where I was going. He went to his car before returning a few minutes later and said, "let me read you something ..." He then pulled out the Miranda card from his pocket and began reading me my rights. It was only afterwards when I was being processed at the jail that I was told the nature of the charge ... Loitering (or prowling).
Re: Arrested for Loitering While Riding My Bike on My Street
Sounds like the other officer is a jackwagon. Taking your account only, without knowing what the officer might dream up, it would appear the charge is waaaaay out of line.
Re: Arrested for Loitering While Riding My Bike on My Street
I have submitted a public records request for the police report. I will be consulting with a criminal law attorney. At the hearing which takes place in a few weeks I will be pleading "not guilty."
Re: Arrested for Loitering While Riding My Bike on My Street
That is the appropriate course of action. Good luck!