FLORIDA STATUTES SECTIONS + DEFENSES
**STOP AND FRISK**
FL ST. 901.151 - STOP AND FRISK LAW
(1) This section may be known and cited as the “Florida Stop and Frisk Law.”
(2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.
(3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof.
(4) If at any time after the onset of the temporary detention authorized by subsection (2), probable cause for arrest of person shall appear, the person shall be arrested. If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, the person shall be released.
(5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized.
(6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)-(5).
History.—ss. 1, 2, ch. 69-73; s. 1459, ch. 97-102.
FL St. § 810.08 - Trespass in structure or conveyance
FL St. § 810.09 - Trespass on property other than structure or conveyance
FL St. § 810.097 - Trespass upon grounds or facilities of a school
Disturbing the Peace
FL ST Title § 877.03 - Breach of the peace; disorderly conduct
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 .
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.
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 .
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