Arrested for Loitering While Riding My Bike on My Street

I obtained the copy of my arrest report and found a couple of questionable entries:

1. the arresting officer states that "upon arriving at the scene, I observed that the individual appeared nervous." ------- isn't "appeared nervous" more of a personal opinion rather than a valid observation? I would think that it could be argued that there are many legitimate reasons that someone might "appear nervous."
2. the arresting officer states that "based on my belief that the individual had committed or was about to commit a crime, I placed him under arrest"---- this statement seems to indicate the officer's decision was based on personal opinion and not any physical evidence.

I will reiterate, I had no weapons, drugs or materials that could be used to commit a crime on my person when the police searched my person and clothing.

I have pulled a couple of court case decisions, ( Ike Antyon Brodnex vs State of Texas and Jerry Lee Griffin, Jr. vs State of Florida) Each case had upheld the opinion that
1. "mere presence in a high crime area does not provide reasonable suspicion for a stop and frisk.
2. an officer's almost certain "belief" does not withstand strict constitutional analysis.

Your attorney should be able to have a field day with that.

Quote:

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Quoting Civilian9876

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I obtained the copy of my arrest report and found a couple of questionable entries:

1. the arresting officer states that "upon arriving at the scene, I observed that the individual appeared nervous." ------- isn't "appeared nervous" more of a personal opinion rather than a valid observation? I would think that it could be argued that there are many legitimate reasons that someone might "appear nervous."
2. the arresting officer states that "based on my belief that the individual had committed or was about to commit a crime, I placed him under arrest"---- this statement seems to indicate the officer's decision was based on personal opinion and not any physical evidence.

I will reiterate, I had no weapons, drugs or materials that could be used to commit a crime on my person when the police searched my person and clothing.

I have pulled a couple of court case decisions, ( Ike Antyon Brodnex vs State of Texas and Jerry Lee Griffin, Jr. vs State of Florida) Each case had upheld the opinion that
1. "mere presence in a high crime area does not provide reasonable suspicion for a stop and frisk.
2. an officer's almost certain "belief" does not withstand strict constitutional analysis.

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Appeared nervous is an articulable basis that helps support his claim. In itself it’s pretty weak but it is considered a valid basis for further inquiry. In itself it is weak though. If he has nothing else then it sounds like he had little to no basis to continue to detain you.

As to the citstion; anything in the report speaking to that? Ultimately that is what you’re trying to defeat anyway.

The only thing in the report that touches on the loitering charge was the officer's statement that my neighborhood and surrounding area has a lot of crime.

Like as has already been written above. Your lawyer should have a field day with with this one.

If there is no basis for the citation it shouldn’t be a problem having it dismissed but...

either there is something missing or the cop is a first class doofus and deserves a complaint be filed against him.

In the mean time, the only words out of your mouth in court should be "I'm not guilty" and "yes, I would like an attorney." Either hire one or accept the appointment of a public defender if you qualify for one. The state is not likely to take this to trial if the facts are as you have stated.

To get the charges dismissed there would have to be what is commonly referred to as a "C-4" motion under rule 3.190 Fla. R. Crim. Pro. That would likely take an attorney to properly draft and argue. On these facts it might have a shot.

I have been looking at the C-4 motion you described. Thank you all who have responded to this thread. I have learned a lot more about the law in these last few weeks than I thought I would ever need to know.

So..... I received a letter today from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my options?

So..... I received a letter today from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my options?

Sorry for the double post, I seemed to have added a new messaged in my previous post. Will attempt for again.

I received a letter today from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my legal options?
3. I am considering filing a complaint against the arresting officer. Before I open that can of worms, I would appreciate any advice on this particular matter.

Sorry for the double post, I seemed to have added a new messaged in my previous post. Will attempt for again.

I received a letter today from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my legal options?
3. I am considering filing a complaint against the arresting officer. Before I open that can of worms, I would appreciate any advice on this particular matter.[/QUOTE]

Sorry for the double post, I seemed to have added a new messaged in my previous post. Will attempt for again.

I received a letter today from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my legal options?
3. I am considering filing a complaint against the arresting officer. Before I open that can of worms, I would appreciate any advice on this particular matter.

I received a letter today from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my legal options?
3. I am considering filing a complaint against the arresting officer. Before I open that can of worms, I would appreciate any advice on this particular matter.

My question involves criminal law for the state of: Florida

My apologies for having to start a new thread even though I have an existing one related to this case, I was having problems trying to post a new update.


I received a letter last week from Office of the State Attorney's Office. The letter stated that they are not filing Loitering (or prowling) charges because "of insufficient evidence to prove beyond a reasonable doubt."

So my question now is:

1. is this charge being dropped/expunged from my record?
2. if not, what are my legal options? I understand there is a C-4 motion that an attorney can file on my behalf.
3. I am considering filing a complaint against the arresting officer. Before I open that can of worms, I would appreciate any advice on this particular matter.

Yes, you are no longer being prosecuted for a crime. Somebody looked at the facts of the case and declined to file it. As far as complaining about the officer, you'd take that up with his agency. I can't encourage or discourage you on that front.