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  1. #1
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    Sep 2017
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    Default Can a Police Officer Issue a Trespass Ban for a Public Park

    My question involves criminal law for the state of: Florida

    I am just wanting to know how to find out what my rights are to protect myself.

    Recently I was walking down the road and a couple of people at a small public park got my attention and asked me to watch over a person who was apparently having issues with alcohol and blood sugar levels. All they wanted to do was go to the store to get him some food to eat. I didn't see any harm in it and agreed. No sooner did they leave when a police officer showed up and gave me a trespass notice saying I was not allowed on that property again for a year.

    I am not so much concerned with whether or not I can go back to that park as knowing if this police officer had over stepped his bounds. If some one had called the police, it was probably due to the person I was trying to help, but I had not been there even 5 minutes. Aren't they supposed to ask you to leave first? It was a public park and the only sign I saw was that it was a drug free zone.

    Do I have to live in fear of getting in trouble for heloping people?

  2. #2
    Join Date
    Oct 2016
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    1,131

    Default Re: What Are My Rights

    The officer did not overstep "his bounds". You did not have to be asked to leave first or be given a warning. Just because you are not aware of the park rules doesn't provide an excuse for violating them.

    Did you get a summons/citation? If not then what are you worried about? If you did then feel free to speak to a local attorney.

    Next time someone asks you to babysit a drunk stranger, politely refuse and go on your way. Either that or call the person an ambulance.

  3. #3
    Join Date
    Jan 2006
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    Default Re: What Are My Rights

    why did he issue a trespass notice? Apparently he believed you did something wrong. If he was mistaken, did you correct him?

    the problem is your scenario makes absolutely no sense. Issuing a notice of trespass for absolutely no reason is implausible.

  4. #4
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    Oct 2006
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    Default Re: What Are My Rights

    Quote Quoting jk
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    why did he issue a trespass notice? Apparently he believed you did something wrong. If he was mistaken, did you correct him?

    the problem is your scenario makes absolutely no sense. Issuing a notice of trespass for absolutely no reason is implausible.
    I think that its illogical but not necessarily implausible. If the officer was having a busy day and simply did not have the time to deal with the situation fully then I could see an officer issuing a notice of trespass on a "just in case" basis.

  5. #5
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    Oct 2014
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    Default Re: What Are My Rights

    Quote Quoting llworking
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    I think that its illogical but not necessarily implausible. If the officer was having a busy day and simply did not have the time to deal with the situation fully then I could see an officer issuing a notice of trespass on a "just in case" basis.
    If the officer did that then he did indeed violate the OP’s rights. An officer may not arbitrarily ban someone from access to public property that is otherwise open to the public. The OP has the same rights to use the park, within the park rules of course, as anyone else.

  6. #6
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    Default Re: What Are My Rights

    Quote Quoting llworking
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    I think that its illogical but not necessarily implausible. If the officer was having a busy day and simply did not have the time to deal with the situation fully then I could see an officer issuing a notice of trespass on a "just in case" basis.

    im·plau·si·ble
    imˈplôzəb(ə)l/
    adjective

    • (of an argument or statement) not seeming reasonable or probable; failing to convince.


      i'll stick with implausible.


      As tm states, the cop cannot isssue a citation or a ban "just in case"









  7. #7
    Join Date
    Oct 2006
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    Default Re: What Are My Rights

    Quote Quoting jk
    View Post
    im·plau·si·ble
    imˈplôzəb(ə)l/
    adjective

    • (of an argument or statement) not seeming reasonable or probable; failing to convince.


      i'll stick with implausible.


      As tm states, the cop cannot isssue a citation or a ban "just in case"








    Nevertheless...it appears that the cop did do so.

    Quote Quoting Taxing Matters
    View Post
    If the officer did that then he did indeed violate the OP’s rights. An officer may not arbitrarily ban someone from access to public property that is otherwise open to the public. The OP has the same rights to use the park, within the park rules of course, as anyone else.
    I think that we can all agree that cops are not perfect. They are human beings who can make mistakes.

  8. #8
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    Default Re: What Are My Rights

    Quote Quoting llworking
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    Nevertheless...it appears that the cop did do so.



    I think that we can all agree that cops are not perfect. They are human beings who can make mistakes.
    Yes they do make mistakes but posters often leave out very important facts as well. Given the stated situstion and actions I'll bet it's that poster left out important facts. That is the more plausible explanation.

  9. #9
    Join Date
    Oct 2014
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    Default Re: What Are My Rights

    Quote Quoting llworking
    View Post
    I think that we can all agree that cops are not perfect. They are human beings who can make mistakes.
    If the cop arbitrarily issued the ban (and I don’t know why the cop did it as I don’t have the cop’s version of events to consider) then it could have been a mistake or it could have been an intentional abuse of his authority. Cops have been known to do both, and I don’t have sufficient information on which of those it is in this instance.

  10. #10
    Join Date
    Oct 2016
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    Default Re: What Are My Rights

    The OP was in the park with an intoxicated individual. It's not hard to imagine that a complaint was made of misbehavior and the OP took the fall the the individuals who took off and left him holding the bag.

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