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Alabama

FEDERAL RESOURCES

ALABAMA STATUTES SECTIONS + DEFENSES

sTOP AND FRISK

Alabama Code Title 15. Criminal Procedure § 15-5-30

A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.



Trespassing (Other)

FL St. § 810.09 - Trespass on property other than structure or conveyance

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 ;  or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,

commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-810-09.html


DEFENSES:

You didn’t “occupy” the property (for certain kinds of trespass) . . . or you didn’t actually obstruct or interfere with activity on the property (for other kinds); and

The property was not fenced or signed (for trespass as an infraction).

You had the right to be on the property;

You had consent to be on the property;


Trespassing (School)

FL St. § 810.097 - Trespass upon grounds or facilities of a school

(1) Any person who:

(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property;  or

(b) Is a student currently under suspension or expulsion;

and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 .

(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 .

(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.  If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody.

(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility.  Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(5) As used in this section, the term “school” means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.


DEFENSES:

You didn’t “occupy” the property (for certain kinds of trespass) . . . or you didn’t actually obstruct or interfere with activity on the property (for other kinds); and

The property was not fenced or signed (for trespass as an infraction).

You had the right to be on the property;

You had consent to be on the property;


Disturbing the Peace

FL ST Title § 877.03 - Breach of the peace;  disorderly conduct

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 .

codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-877-03.html


Obstruction/Resisting

FL ST § 843.02: Resisting an officer without violence

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1) , (2) , (3) , (6) , (7) , (8) , or (9) ;  member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission;  county probation officer;  parole and probation supervisor;  personnel or representative of the Department of Law Enforcement;  or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 .

https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-843-02.html

Defenses:

There are several legal defenses that a person can raise if accused of a crime under Penal Code 148. These include showing that the defendant:

  • did not act willfully,

  • was falsely accused, and/or

  • was arrested without probable cause.

Loitering

Fl St § 856.021. Loitering or prowling

(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 .

codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-856-021.html


To prove this crime, the prosecutor has to prove all of the following elements beyond a reasonable doubt:

The defendant delayed, or prowled, or lingered or wandered on property belonging to someone else; and

When the defendant set foot on the property, he or she had no legal purpose to be there; and

The defendant intended to commit a crime on the property in question if the opportunity arose; and

The defendant’s purpose on the property was to commit a crime if the opportunity arose.

LEGAL RESOURCES

Attorneys

Coffey Burlington Law

Andrew H. "Andy" Marks

2601 South Bayshore Drive, Penthouse One

Miami, FL 33133

Phone: (305) 858.2900

Web: www.coffeyburlington.com

E-mail: amarks@coffeyburlington.com

2601 South Bayshore Drive, Penthouse One

Miami, FL 33133