WIKI Five-0




Stop and ID

13-2412. - Refusing to provide truthful name when lawfully detained

A. It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer.


13-1504. Criminal trespass in the first degree; classification

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.


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;

Disorderly Conduct /Disturbing the Peace

13-2904. Disorderly conduct; classification

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 .


13-2409. Obstructing criminal investigations or prosecutions; classification

A person who knowingly attempts by means of bribery, misrepresentation, intimidation or force or threats of force to obstruct, delay or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor or grand jury or who knowingly injures another in his person or property on account of the giving by the latter or by any other person of any such information or testimony to a peace officer, magistrate, prosecutor or grand jury is guilty of a class 5 felony, except that it is a class 3 felony if the person commits the offense with the intent to promote, further or assist a criminal street gang.


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.


13-2905. Loitering; classification

A. A person commits loitering if such person intentionally:

1. Is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense.

2. Is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services.

3. Is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices.

4. Is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.

5. Except as provided in section 13-3969, subsection A, solicits bail bond business inside a court building or immediately around or near the entrance of a county or city jail. For the purposes of this paragraph, "solicit" includes handing out business cards or any printed material or displaying any electronic devices related to bail bonds, verbally asking a person if the person needs a bail bond and recruiting another person to solicit bail bond business.

B. Loitering under subsection A, paragraph 4 is a class 1 misdemeanor. Loitering under subsection A, paragraphs 1, 2, 3 and 5 is a class 3 misdemeanor.

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.



Coffey Burlington Law

Andrew H. "Andy" Marks

2601 South Bayshore Drive, Penthouse One

Miami, FL 33133

Phone: (305) 858.2900



2601 South Bayshore Drive, Penthouse One

Miami, FL 33133