Arrestable Offenses / Crimes under Fla. Stat. 856.021
CopyCited 92 times | Published | Supreme Court of Florida
...Public Defenders, for *106 Joseph Bell, Billy Worth, William Ecker and Walter Harris, appellant-appellee. Stanley M. Pred and Michael L. Mann, Miami, for American Civil Liberties Union of Florida, Inc., amicus curiae. OVERTON, Justice. This decision concerns the constitutionality of this state's "loitering" statute, Section 856.021, Florida Statutes (1973)....
...Harris are appeals by the State of Florida from trial court orders dismissing charges brought for a violation of the subject statute. In each case, the constitutional issue was properly raised and we have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution. We hold that Section 856.021, Florida Statutes, is constitutional and a proper law enforcement tool to protect the public safety, subject to the conditions and limitations herein expressed. The statute in issue, Section 856.021, Florida Statutes, reads as follows: "Loitering or prowling; penalty "(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...
...The principal reason given by the United States Supreme Court for striking down this former statute was the "unfettered discretion" placed in the hands of the police in enforcing the ordinance. Following this decision, our legislature, in an attempt to cure the infirmities of this earlier loitering law, enacted the present Section 856.021....
...Drew, 70 Wash.2d 405, 423 P.2d 522 (1967). The question before this Court requires a delicate balancing between the protection of the rights of individuals and the protection of individual citizens from imminent criminal danger to their persons or property. The present statute, Section 856.021, Florida Statutes, is constitutionally attacked on the grounds that it (1) is vague and overbroad; (2) requires self-incrimination; and (3) is subject to arbitrary enforcement....
...rmissible. We have a duty to avoid a holding of unconstitutionality if a fair construction of the legislation will so allow. The aforementioned cases upholding similar types of legislation have all adhered to this basic legal principle. We hold that Section 856.021, Florida Statutes, is not vague or overbroad and specifically the words "under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity" mean those circum...
...When the officer came in response to a call, he saw the defendant jump from the fence surrounding the dwelling and start running. The officer apprehended the defendant and placed him under arrest. The record clearly establishes the elements of the offense under Section 856.021, Florida Statutes....
...car keys from the defendant and "cranked up" the car. Another officer then drove the vehicle away for impoundment. The trier of fact clearly did not believe the explanation given by the defendant. Although the circumstances justified an arrest under Section 856.021, Florida Statutes, the testimony of the arresting officer who stated, "I arrested him for loitering because we could not prove anything else," is disturbing. The use of Section 856.021 as a "catchall" criminal offense may result in a finding that the statute has been unconstitutionally applied....
...The admissions and explanation of the defendant are not in and of themselves sufficient for conviction on this record. We must reverse the conviction, but in so doing we wish to stress that the circumstances inferred from this record would constitute a violation of Section 856.021, Florida Statutes, if properly established....
...When approached for identification, he apparently had no proper or credible identification. The charging complaint shows no circumstances that threaten the public safety, and, therefore a charge of loitering could not be properly established. The holding by the trial judge that Section 856.021, Florida Statutes, is unconstitutional is reversed, but, under the circumstances of the complaint, the discharge of the defendant is affirmed....
...with the construction of the subject statute herein expressed. It is so ordered. ADKINS, C.J., and ROBERTS, McCAIN and DEKLE, JJ., concur. ERVIN (Retired), J., dissents with opinion with which BOYD, J., concurs. ERVIN, Justice (Retired), dissenting. Section 856.021, Florida Statutes, seeks to resurrect constitutionally but in different *112 verbiage coloration all of the old invasions of personal freedom of movement of the citizen protected by the constitution which invasions were condemned in Papachristou v....
CopyCited 58 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 17640, 1992 WL 414704
...n violation of Miami Code § 37-63 (prohibiting sleeping in public); [11] for sleeping in the park in violation *1560 of Miami Code § 38-3 (prohibiting being in the park after hours); [12] for loitering and prowling in violation of Florida Statutes §
856.021 and Miami Code §§ 37-34 [13] and 35; [14] and for sleeping, sitting or standing in public buildings in violation of Florida Statutes §
810.08, .09 (prohibiting trespassing)....
CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 1055436
...ter 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." FLA. STAT. ANN. § 856.021 (2000). In addition the statute lists flight "upon appearance of a law enforcement officer" as one of the "circumstances which may be considered in determining whether such alarm or immediate concern is warranted." FLA. STAT. ANN. § 856.021(2)....
...g or prowling at a place or time, or in a manner that is unusual for law-abiding citizens, and (2) the loitering or prowling must be under circumstances that warrant a reasonable fear for the safety of persons or property in the vicinity. Fla. Stat. § 856.021 (1)....
...Certainly Justice Steven's caveat must be all the more relevant when the police act in military gear. 35 For the foregoing reasons, I would reverse the district court's decision to deny Franklin's motion to suppress the evidence against him. Notes: 1 Florida's loitering statute, Fla. Stat. § 856.021 , provides as follows: Loitering or prowling; penalty....
CopyCited 38 times | Published | Supreme Court of Florida | 1993 WL 82703
...Finally, the ordinance is invalid because its maximum penalty of six months' imprisonment is greater than the penalty imposed by state statutes regulating similar conduct. See Thomas v. State,
614 So.2d 468 (Fla. 1993). Florida's loitering statute, section
856.021, Florida Statutes (1987), and its prostitution and solicitation statute, section
796.07(3)(b) (1987), create second-degree misdemeanors calling for a maximum imprisonment of sixty days in jail. Sections
856.021(3),
796.07(5),
775.082(4)(b), Fla....
...nt that the loitering occur "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." Section 856.021, Fla....
...See Papachristou,
405 U.S. at 169,
92 S.Ct. at 847 (1972). The majority adopts Wyche's argument that the maximum six-month penalty under the ordinance is illegal because it provides for greater punishment than that provided for the same offense under the loitering statute, section
856.021, Florida Statutes (1989), and the statute prohibiting prostitution and solicitation, subsection
796.07(5), Florida Statutes (1989)....
CopyCited 29 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1446
...Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee. Before HUBBART, NESBITT and JORGENSON, JJ. HUBBART, Judge. The respondent juvenile D.A. appeals an adjudication of delinquency for the offense of loitering and prowling [§ 856.021, Fla....
...to wit: STANDING BY A STOLEN MOTOR VEHICLE, ENTERING THE YARD OF A RESIDENCE NOT HIS OWN, RUNNING FROM THE AREA BETWEEN HOUSES AND/OR BEING UNABLE TO DISPELL [SIC] OFFICERS ALARM FOR THE SAFETY OF PERSONS AND/OR PROPERTY IN THE AREA, in violation of 856.021 Florida Statutes." The respondent entered a denial and was tried before the court without a jury....
...detail that the state had failed to establish a prima facie case of loitering and prowling. The trial court denied the motion and adjudicated the respondent delinquent. This appeal follows. II The offense of loitering and prowling, as proscribed by Section 856.021, Florida Statutes (1983), has two distinct elements which the state must establish at trial: "(1) The defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; (2) such loitering and pr...
...1980), is not the same showing required to sustain a conviction for loitering or prowling. A probable cause showing is all that is necessary to justify a loitering or prowling arrest; proof beyond a reasonable doubt, on the other hand, is required to sustain a loitering and prowling conviction. *154 Under Section 856.021(2), Florida Statutes (1983), circumstances which may be considered as tending to establish the second element, although none are conclusive, include: the defendant takes flight upon the appearance of a law enforcement officer, the def...
...t officer prior to arrest must afford the defendant an opportunity to dispel any justifiable alarm or immediate concern for the safety of persons or property in the vicinity by requesting him to identify himself and explain his presence and conduct. § 856.021(2), Fla....
CopyCited 23 times | Published | Florida 3rd District Court of Appeal
...conducted a search of Thomas. Even if, as Thomas suggests, an arrest on that charge was unlawful because the officers immediately upon stopping Thomas gave him Miranda warnings, which arguably inhibited him from dispelling the officers' concern, see Section 856.021, Florida Statutes (1977); State v....
CopyCited 23 times | Published | Supreme Court of Florida
...of the peace in such a community." Town of Palm Beach v. Loew,
21 Fla. Supp. 145, 146-147 (Palm Beach Co.Cir.Ct. 1963). Cf. City of St. Petersburg v. Waller,
261 So.2d 151 (Fla. 1972). [18]
257 So.2d at 22-24. [19] See notes 7 and 9, supra. [20] See Section
856.021, Florida Statutes, 1971, F.S.A....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1999 WL 30658
...When they were unsuccessful, they walked over to the strip center and the convenience store to see if anyone they knew might be there. They walked back and forth for the purpose of finding friends who could give them a ride. To prove a charge of loitering and prowling, under section 856.021, Florida Statutes, the state must prove that (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; and (2) the loitering and prowling were under circumstances that warranted...
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...The contraband in question was seized from the defendant's person by a City of Miami police officer subsequent to the defendant's arrest for loitering. Although we agree that for a variety of reasons the arrest cannot be sustained for loitering under Section 856.021, Florida Statutes (1981), the arrest was nonetheless a lawful one as it was based on a probable cause showing that the defendant was selling illegal drugs on the street....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...White was arrested for possession of marijuana, cocaine and drug paraphernalia. The latter charge was later dropped. Defendant moved to suppress the evidence; the motion was denied on grounds that Munday had probable cause to arrest White for violation of section 856.021, Florida Statutes (1983) and the search was subsequent to the arrest....
...Even if a stop and pat down pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), were permissible, the officer did not have a reasonable belief that the object in appellant's pocket was a weapon. White's conduct cannot possibly be construed to be that prohibited by section
856.021....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...m to identify himself and explain his presence, unless the circumstances are such that it is impractical for the police to give him this opportunity. S.F. v. State,
354 So.2d 474 (Fla. 3d DCA 1978); L.L.J. v. State,
334 So.2d 656 (Fla. 3d DCA 1976); §
856.021(2), Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2006 WL 565915
...The cause for his discharge from the sex offender treatment program was his arrest for a new offense. On July 2, 2004, Stanley's probation officer, Gullo, filed an affidavit alleging Stanley had violated condition 5 of his probation by committing a new offense on June 21, 2004 prowling, a violation of section 856.021....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1998 WL 27562
...Officer Murias contacted Officer Ramos (author of the BOLO), who brought the neighbor to the roadside location. The neighbor identified the car as being the one he had seen. At about 2:00 p.m. the defendants were placed under arrest for loitering and prowling in violation of section 856.021, Florida Statutes (1995)....
...there was neither probable cause nor a founded suspicion to justify their detention *678 on the charge of burglary. The State has appealed. II. We conclude that there was probable cause to arrest defendants for the offense of loitering and prowling. Section 856.021, Florida Statutes, defines the offense as follows: "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." Id. § 856.021(1)....
...The admissions and explanation of the defendant are not in and of themselves sufficient for conviction on this record. We must reverse the conviction, but in so doing we wish to stress that the circumstances inferred from this record would constitute a violation of Section 856.021, Florida Statutes, if properly established....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...Thompson,
124 So.2d 744 (Fla. 3d DCA 1960). The record reveals testimony concerning the officers' belief that the elements of the offense of loitering and prowling had been met by the activities of Stephen Rehm. The loitering and prowling statute, Section
856.021, Florida Statutes (1977) provides as follows: "(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 reasona...
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1999 WL 140085
...State,
537 So.2d 148 (Fla. 2d DCA 1989). The facts presented by the State did not demonstrate that J.S.B.'s actions constituted an imminent breach of the peace or a threat to public safety. Therefore, the State failed to establish a prima facie case under section
856.021, Florida Statutes (1997), and the court erred in denying the juvenile's motion for judgment of acquittal....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 240
...The next morning the burglary was reported, and the tape recorder was identified as having been taken in the burglary. The question is whether there was probable cause to arrest appellant for loitering. We find that there was not probable cause and reverse. The Florida loitering and prowling statute, section 856.021, Florida Statutes (1983), provides: (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....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2818500
..."`Proof sufficient to support a criminal conviction is not required to support a judge's discretionary order revoking' probation." Id. (quoting Robinson v. State,
609 So.2d 89, 90 (Fla. 1st DCA 1992)). Here, Bowser was allegedly loitering and prowling in violation of section
856.021, Florida Statutes (2004). Section
856.021(1) makes it unlawful "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...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1995 WL 642667
...Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Richard Parker, Assistant Attorney General, Tallahassee, for Appellee. *740 BENTON, Judge. C.D.B. was adjudicated delinquent for loitering or prowling, in violation of section 856.021, Florida Statutes (1993), and placed on community control for six months....
...Some people have there are groups of people that go out to the beach and sit on the benches and walk up and down the b[oar]dwalk. And that is what his testimony would show. This testimony would have been relevant. C.D.B. was accused of violating section 856.021, Florida Statutes (1993), which provides: (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....
...We cannot say beyond a reasonable doubt that Mr. Jaffe's testimony would not have affected the outcome, since it may have raised a reasonable doubt about whether C.D.B. was acting "at a time or in a manner not usual for the safety of persons or property in the vicinity." § 856.021(1), Fla....
...was walking with a companion and identified nothing unusual about her manner. [2] The delinquency petition accused C.D.B. of "being on and running away from the deck area of the Crab Pot after normal business hours and after the Crab Pot's burglary alarm activated contrary to the provisions of Section 856.021, Florida Statutes."
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...2d DCA 1976), we observe that there also had been recent burglaries in the area. The officer's decision, (reached after his second encounter with these same people), to take appellant and his companion back to the apartment in order to verify theirs story was appropriate. See Section 856.021(2), Florida Statutes (1977)....
...330,
54 L.Ed.2d 331 (1977). We therefore uphold the denial of appellant's motion to suppress the evidence (the firearm) obtained in the course of the patdown. We do not believe appellant's conduct was such as to support an arrest for loitering under Section
856.021, Florida Statutes (1977) and the cases interpreting the statute....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1994 WL 3453
...Gen., Tallahassee, and Helene S. Parnes, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Defendant, a juvenile, argues that trial court erred in adjudicating him delinquent upon finding he had committed the offense of loitering and prowling, in violation of section 856.021, Florida Statutes (1991)....
...At the conclusion of trial, the court found: I find that due to the unusual hour and the unusual location, it's at a location where there's been a reported crime I find that he is guilty of loitering and prowling, there's been no reasonable explanations for his presence. We conclude that the trial court erred. Under section 856.021(1) and E.B....
...Ecker,
311 So.2d 104 (Fla. 1975), cert. denied,
423 U.S. 1019,
96 S.Ct. 455,
46 L.Ed.2d 391 (1975). Also, alarm is presumed under the statute if, when a law officer appears, the defendant flees, conceals himself or any object, or refuses to identify himself. §
856.021(2)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 2790, 1989 Fla. App. LEXIS 6738, 1989 WL 146175
...[2] The State does not suggest, and the record would not support, justifying the search on any other grounds. Although there was a "no loitering" sign, the record does not reveal facts which would support a founded suspicion that the offense of loitering was occurring. Fla. Stat. § 856.021 (1987)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1129411
...prowling in a manner not usual for law abiding citizens, and (2) the loitering and prowling was under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property located in the vicinity. § 856.021, Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1999 WL 955366
...As to the second, it must prove conduct that is alarming in nature, indicating an imminent breach of the peace or a threat to public safety.
729 So.2d at 457 (citation omitted). The suspect's flight from the police may be considered in determining the presence of alarm or concern for the safety of persons or property. See §
856.021(2), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1989 WL 187
...They told the officer they had gotten lost on their way home. A pat-down search of appellant produced a wrench and a pair of bolt cutters was found on his friend. The officer arrested them for loitering and prowling and possession of burglary tools. Conviction under section 856.021, Florida Statutes (1987) requires proof that: (1) the defendant was loitering or prowling in a place, at a time, or in a manner unusual for a law-abiding individual under (2) circumstances that warrant a justifiable and reasonable alarm or concern for the safety of persons or property in the vicinity....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1997 WL 43394
...to tell it to him. The officer then arrested appellant for loitering and prowling. After the state rested, appellant moved for a judgement of acquittal on the ground there was no imminent breach of the peace or threat to public safety as required by section 856.021(1), Florida Statutes (1995)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1989 WL 88013
...The defendants moved for suppression of all physical and testimonial evidence resulting from the arrest arguing that an arrest for loitering and prowling was unlawful because the officers had not provided an opportunity for the defendants to explain their presence before their arrest was announced by Officer Cobb. See Section 856.021 Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1988 WL 61979
...A search incident to the arrest revealed the cocaine Chamson sought to suppress. Chamson maintained that the officer searched him without a warrant and arrested him without probable cause to believe he was loitering or prowling. The offense of loitering or prowling, as proscribed by section 856.021, Florida Statutes (1985), has two distinct elements: *1161 (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; (2) such loitering or prowling took place under circumstance...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1997 WL 329572
...to conduct a brief Terry [1] stop. From the detailed recitation of the facts in McCloud, I am inclined to believe that the stop in that case was valid because the officers initially had reasonable suspicion to believe Mr. McCloud was loitering. See § 856.021, Fla. Stat. (1995). If the officers' investigation "dispel[led] any alarm or immediate concern," § 856.021(2), before the concealed firearm was discovered, then the stop continued beyond the scope permitted to investigate a reasonable suspicion of loitering....
...The officer could have approached the vehicle for a lawful citizens' encounter, but the vehicle began to leave as he approached. The fact that a person takes flight upon the approach of a law enforcement officer is a statutory factor supporting an investigatory stop for loitering. § 856.021(2)....
CopyCited 8 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 70
...Blanco, Asst. Atty. Gen., Tampa, for respondent. McDONALD, Justice. This case is before us to review the district court decision in Watts v. State,
447 So.2d 271 (Fla. 2d DCA 1983), which expressly declared valid Florida's loitering and prowling statute, section
856.021, Florida Statutes (1981)....
...n peering into the parked cars. Watts then ran from the area and eluded a police search. When Watts testified at trial, he stated that he knew nothing about the incident related by the police officer. The county court found Watts guilty of violating section
856.021 and sentenced him to sixty days in the county jail. On appeal the circuit court rejected Watts' challenge to the facial constitutionality of section
856.021 based upon the United States Supreme Court decision in Kolender v. Lawson,
461 U.S. 352,
103 S.Ct. 1855,
75 L.Ed.2d 903 (1983), which held the California loitering statute unconstitutionally vague. The district court denied review after agreeing with the circuit *206 court that section
856.021, as construed in State v....
...Ecker,
311 So.2d 104 (Fla.), cert. denied,
423 U.S. 1019,
96 S.Ct. 455,
46 L.Ed.2d 391 (1975), did not suffer from the vagueness problems found in the California loitering statute overturned in Kolender. Watts now contends that the district court should have declared section
856.021 invalid. He argues that the statute fails to describe with sufficient particularity what a person must do in order to satisfy the statute and avoid arrest. Therefore, according to Watts, section
856.021 must be declared unconstitutional on its face in light of Kolender....
...City of Jacksonville,
405 U.S. 156,
92 S.Ct. 839,
31 L.Ed.2d 110 (1972); Palmer v. City of Euclid,
402 U.S. 544,
91 S.Ct. 1563,
29 L.Ed.2d 98 (1971). The city ordinance declared unconstitutional in Papachristou was patterned on the predecessor statute to section
856.021. The legislature enacted the present loitering and prowling statute to cure the previous law's constitutional defects. In Ecker this Court found that section
856.021 passed constitutional muster against challenges that it was vague and overbroad, required self-incrimination, and was subject to arbitrary enforcement....
...rson avoid arrest. The opinion went on, however, to point out that lack of proper or credible identification alone, without any circumstances alleged to otherwise constitute a threat to public safety, was not sufficient to support a conviction under section 856.021....
...y or face arrest for loitering. The California loitering statute, as written and as construed by the state courts, stood vague on its face for encouraging arbitrary enforcement. Kolender. *207 We believe that Kolender does not affect the validity of section 856.021....
...Moreover, a person's identification or refusal to identify is merely a circumstance to consider in deciding whether the public safety is threatened. The credible and reliable identification issue discussed in Ecker comes into play only after the two elements of section 856.021 have been established. We therefore reject Watts' argument that Kolender renders section 856.021 constitutionally invalid. Accordingly, we hold section 856.021 valid on its face and approve the district court decision under review....
...BOYD, C.J., dissents with an opinion. BOYD, Chief Justice, dissenting. Consistent with my position in State v. Ecker,
311 So.2d 104, 111-12 (Fla.), cert. denied,
423 U.S. 1019,
96 S.Ct. 455,
46 L.Ed.2d 391 (1975), I must respectfully dissent and would find section
856.021, Florida Statutes (1981), unconstitutional due to vagueness and overbreadth....
...These problems compel me to find that the statute is invalid. As I said in dissent in State v. Williams,
315 So.2d 449, 449-50 (Fla. 1975), It is my firm belief that there are sufficient criminal statutes in existence at this time without the necessity of a catchall loitering statute such as Section
856.021, Florida Statutes....
...This statute casts out a wide net, leaving it to police, prosecutors, and finally the courts to decide who should be detained and who set free. See B.A.A. v. State,
356 So.2d 304 (Fla. 1978). It violates the constitution and should be struck down. NOTES [1] §
856.021 provides: (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....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Because we hold that defendant's arrest was sustainable both for loitering and prowling and for the felonies of burglary and second-degree murder, we reverse the order entered by the trial court suppressing fingerprints taken pursuant to the arrest. Reversed and remanded. NOTES [1] Section 856.021, Florida Statutes (1979): 856.021 Loitering or prowling; penalty (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....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2000 WL 301042
...There is no indication in this record as to what Baker was doing, other than merely sitting in his van at 3:00 in the morning near a closed business, which would warrant a "justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." See section 856.021, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 750527
...h, for appellant. Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee. GROSS, J. B.J. appeals his adjudication of delinquency [1] for loitering and prowling in violation of section 856.021, Florida Statutes (2005), on the grounds that the trial court erred in denying his motion for judgment of dismissal....
...ace, at a time, or in a manner not usual for law-abiding individuals" and (2) such loitering took place under "circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." § 856.021(1), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense. Section 856.021, Florida Statutes (1977), makes it an offense 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 immedi...
...ave been stolen or about to be stolen. He did not know whether the defendant's urinating in a public parking lot indicated that the defendant was under the influence of alcohol or drugs and about to drive off in the truck while under such influence. Section 856.021 further provides that when a law enforcement officer observes a person loitering or prowling as defined, he shall, "prior to any arrest ....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 399625
...My view is similar to that expressed by Judge Altenbernd in his special concurring opinion in Davis v. State,
695 So.2d 836 (Fla. 2d DCA 1997): The fact that a person takes flight upon the approach of a law enforcement officer is a statutory factor supporting an investigatory stop for loitering. §
856.021(2)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...The officers used no force, threats, or coercion in talking with him. When asked if he would walk to the police car to talk with the officers, Jones agreed. He voluntarily answered all inquiries. The officers in this case strictly followed the requirements of § 856.021, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...ve been suppressed. It argues that Officer Leis had probable cause to believe defendant was loitering and prowling, Skelton v. State,
349 So.2d 193 (Fla. 3d DCA 1977); State v. Profera,
239 So.2d 867 (Fla. 4th DCA 1970), justifying his arrest. *1213 Section
856.021(1), Florida Statutes (1979) defines loitering and prowling: 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 an...
...We hold that the trial court erred in suppressing defendant's confession on the ground that it was involuntary, see Michigan v. Mosley,
423 U.S. 96,
96 S.Ct. 321,
46 L.Ed.2d 313 (1975), as well as on the ground that it followed an illegal arrest. Next, we find error in the trial court's dismissal of the information. Section
856.021(1) states: 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....
...at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable concern for the safety of the persons or property in the vicinity, to-wit: STAYING IN AREA OF CLOSED BUSINESS WITH AUTOMOBILE MOTOR RUNNING AND AUTOMOBILE LIGHTS OUT, in violation of 856.021, Florida Statutes. (emphasis supplied). Defendant contends that "justifiable concern", the language contained in the information, reduces the state's burden of proving an "immediate concern" or "justifiable and reasonable alarm". We disagree. Section 856.021 was enacted as a replacement for the vagrancy statute [2] after a Jacksonville ordinance patterned after that statute was held unconstitutional by the United States Supreme Court....
...[3] By using terms such as "alarm" and "concern", the legislature indicated its intent to limit the application of the statute so that constitutional rights of law-abiding citizens would not be infringed by the "unfettered discretion" of police, State v. Ecker, supra
311 So.2d at 107, who might use section
856.021 as a "catch-all criminal offense"....
CopyCited 6 times | Published | Supreme Court of Florida
...Olds, Public Defender, and Robert S. Horowitz, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Stephen R. Koons, Asst. Atty. Gen., for appellee. OVERTON, Chief Justice. This case concerns the constitutional application of Florida's new loitering statute, Section 856.021, Florida Statutes, [1] *14 as construed by this Court in State v....
...property in the vicinity and justify a finding of guilt. See Harrington v. California,
395 U.S. 250,
89 S.Ct. 1726,
23 L.Ed.2d 284 (1969). Affirmed. ROBERTS, ADKINS, ENGLAND and SUNDBERG, JJ., concur. HATCHETT, J., concurs in result only. NOTES [1] Section
856.021, Florida Statutes, reads in its entirety: "
856.021 Loitering or prowling; penalty....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1991 WL 3568
...On appeal, the defendant argues that the city ordinance prohibiting loitering for the purpose of prostitution is facially unconstitutional. [1] Although a federal district court has held a similar Jacksonville ordinance unconstitutional, the Florida Supreme Court has repeatedly upheld a less specific state loitering statute. § 856.021, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Stein, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen. and Carolyn Snurkowski, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ. PER CURIAM. V.S. appeals from an adjudication of delinquency for violation of section
856.021, Florida Statutes (1981), and possession of diazepam in violation of section
893.13, Florida Statutes (1981)....
...The officer made no attempt to ascertain the accuracy *233 of this information. V.S. was arrested for loitering and prowling and a subsequent search revealed the presence of the contraband diazepam. This record is devoid of any evidence that satisfies the criteria contained in section 856.021, Florida Statutes (1981), as that statute has been interpreted by our supreme court, see B.A.A....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...It is conceded that convictions under loitering ordinances in Dade County and Jacksonville touches somewhat upon an association with another person who is committing the crime. The Florida Supreme Court, in State v. Ecker, supra, upheld the constitutionality of Florida's loitering statute, Section 856.021, Florida Statutes (1973)....
...ave 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 §
775.082 or §
775.083." The Supreme Court of Florida held that Section
856.021, Florida Statutes was not over-broad and construed the words "under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity" to mean those circumstances...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 6064
...The pat-down revealed crack cocaine and a pipe. Jaudon argues that the officers did not possess an articulable suspicion to stop him for loitering and prowling because they could not point to specific facts showing either an imminent breach of peace or threat to public safety as required by section 856.021, Florida Statutes (1995)....
...First, the individual must "loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals" and, second, the circumstances must "warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." § 856.021, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1987 WL 2302
...circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. State v. Ecker,
311 So.2d 104, 106 (Fla.), cert. denied,
423 U.S. 1019,
96 S.Ct. 455,
46 L.Ed.2d 391 (1975); §
856.021(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 22211
...Public Defenders, West Palm Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee. DELL, Judge. O.W., a child thirteen years of age, appeals from an adjudication of delinquency for violation of Section 856.021, Florida Statutes (1981), loitering and prowling, a misdemeanor....
...itering and prowling. The officer testified that his suspicions were aroused because the boys were running away in an area which had the reputation of being a meeting place for student drug transactions. A conviction for loitering and prowling under Section 856.021, Florida Statutes (1981) requires proof of two elements: (1) The defendant loitered or prowled in a place, at a time, or in a manner not usual for law abiding individuals; (2) such loitering and prowling were under circumstances that...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 353951
...Green, Assistant Public Defender, Bartow, for Appellant. *850 Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Judge. R.M. appeals his conviction for loitering and prowling in violation of section 856.021, Florida Statutes (1997), and contends that the trial court erred in failing to grant his motion for judgment of acquittal....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...tates Supreme Court cases which demonstrate that a statute broadly proscribing *474 loitering without more would be unconstitutional. The issue which we now must determine is whether Ordinance 21-41 is sufficiently restrictive to afford due process. § 856.021, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...ould be subject to detention. The ordinance by its terms does not authorize detention under such circumstances. In State v. Ecker, Fla.,
311 So.2d 104, the Florida Supreme Court, in upholding the constitutionality of the state's "loitering" statute, Section
856.021, Florida Statutes (1973), stated: "We hold that Section
856.021, Florida Statutes, is not vague or overbroad and specifically the words `under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity' means those circu...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 45412
...Freeman was arrested for loitering and prowling as he was walking down the street approximately 75 yards from "Pop's." There is no indication Freeman was permitted to explain his actions prior to the arrest. These facts support neither an arrest nor a conviction under section 856.021, Florida Statutes (1987)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 280569
...She did not identify Williams at the time because she was unable to see who it was. However, Mrs. Teague testified at trial on Williams' behalf. She identified Williams as a frequent visitor, someone she has known for several years who was always welcome to be on her porch. Section 856.021(1), Florida Statutes (1993), prohibits any person from loitering or prowling in a time, place, or manner not usual for law-abiding individuals, under circumstances that cause a justifiable alarm or concern for the safety of nearby persons or property....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 4416, 2013 WL 1136336
...for possession of burglary tools. The juvenile also moved for a judgment of dismissal on the loitering and prowling charge, arguing that the State failed to present evidence sufficient to prove either of the two elements of the crime as set forth in section 856.021, Florida Statutes (2011)....
..., at a time, or in a manner not usual for law-abiding individuals,” and (2) the loitering was under “circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” See § 856.021, Fla....
...Circumstances that may be considered when determining whether such breach of the peace is imminent or public safety threatened are “whether the person takes flight, refuses to identify himself, or attempts to conceal himself or an object.” Id.-, see also § 856.021(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1989 WL 21466
...He now appeals. We hold that the facts of this case do not support an adjudication for the offense charged. The state failed to establish beyond a reasonable doubt either of the two elements necessary to prove the offense of loitering and prowling as required by section 856.021, Florida Statutes (1987)....
...The first statutory element necessary to prove was that the juvenile loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals. State v. Ecker,
311 So.2d 104, 106 (Fla.), cert. denied,
423 U.S. 1019,
96 S.Ct. 455,
46 L.Ed.2d 391 (1975); §
856.021(1)....
...Neither did the state establish that the facts supported the second element necessary to convict the juvenile of loitering and prowling, i.e., that the defendant's conduct warranted a justifiable and reasonable alarm and immediate concern for the safety of persons or property in the vicinity. Ecker,
311 So.2d at 106; §
856.021(1)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Coron,
411 So.2d 237 (Fla. 3d DCA 1982). The juveniles were not acting in a manner usual for law-abiding individuals, and the totality of the circumstances warranted a justifiable and reasonable alarm or concern for the safety of persons or property in the vicinity. §
856.021(1), Fla. Stat. (1981). At this point, the officer advised the juveniles of their rights. After the Miranda warnings were given, the juveniles were given an opportunity to dispel the officer's alarm as required by section
856.021(2)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2013 WL 3197137, 2013 Fla. App. LEXIS 10066
...Then we must determine if the trial court abused its discretion in determining that the new law violation constituted a substantial and willful violation warranting revocation of the defendant’s probation. See State v. Carter,
835 So.2d 259, 262 (Fla.2002). Section
856.021(1), Florida Statutes (2010), makes it “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 imm...
...State,
817 So.2d 1027, 1029 (Fla. 3d DCA 2002) (quoting D. A. v. State,
471 So.2d 147, 151 (Fla. 3d DCA 1985)). The second element requires “justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” §
856.021(1), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 170963
...In February 1990, Griffin pled nolo contendere to carrying a concealed firearm, and received 5 years probation. An affidavit of violation of probation was filed on June 25, 1991, based on Griffin's arrest for the misdemeanor offense of loitering and prowling, contrary to section 856.021, Florida Statutes (1989)....
...fense charged, i.e., had been 1) loitering and prowling in a place, time or manner not usual for a law-abiding individual 2) under circumstances warranting a justifiable and reasonable alarm or immediate concern for the safety of person or property. § 856.021, Fla....
...n 1) loitering and prowling in a place, at a time or in a manner not usual for law-abiding individuals 2) under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. § 856.021(1), Fla....
...Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is flight upon appearance of a law enforcement officer, refusal to identify oneself, or a manifest endeavor to conceal oneself or an object. § 856.021(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 360834
...When dealing with constitutional issues on motions to suppress, "whether the application of the law to the historical facts establishes an adequate basis for the trial court's ruling is subject to de novo review." Connor v. State,
803 So.2d 598, 608 (Fla.2001) (citation and footnote omitted). Section
856.021, Florida Statutes (2002), provides: (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....
...:20 in the morning would cause a reasonable person to be concerned for his safety or the safety of property in the vicinity." Id. at 110. The same can be said for appellant's conduct. When appellant was spotted, he concealed something on his person. Section
856.021(2) specifically provides that endeavors to conceal oneself or any object are circumstances which must be considered when determining whether alarm is warranted. Under such circumstances, alarm is presumed. See C.H.S. v. State,
795 So.2d 1087, 1090 (Fla. 2d DCA 2001) (noting "[a]larm is presumed under [
856.021] if the defendant flees, conceals himself or any object, or refuses to identify himself")....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1987 WL 2337
...immediate concern for the safety of persons or property in the vicinity. State v. Ecker,
311 So.2d 104, 106 (Fla.), cert. denied,
423 U.S. 1019,
96 S.Ct. 455,
46 L.Ed.2d 391 (1975); accord Springfield v. State,
481 So.2d 975 (Fla. 4th DCA 1986); see §
856.021(1), Fla. Stat. (1983). Since the offense of loitering and prowling is a misdemeanor, §
856.021(3), Fla....
...sonably warrant that intrusion. In the case before us, official intrusion is unwarranted. JORGENSON, Judge, dissenting. I respectfully dissent. Although I agree that there is insufficient evidence to support a loitering and prowling conviction under section 856.021(1), Florida Statutes (1983), there was abundant probable cause for the loitering/prowling arrest....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1988 WL 139095
...Since loitering and prowling is a misdemeanor, only the officer's own observations may be considered in determining whether probable cause exists to make a warrantless arrest for loitering and prowling. Ecker; Chamson; Springfield v. State,
481 So.2d 975 (Fla. 3d DCA 1986). See §
856.021, Fla....
...cause for a loitering and prowling arrest. Failure to provide identification is not an element of the charged offense, E.B. v. State,
537 So.2d 148 (Fla. 2d DCA 1989), nor is failure to explain one's presence and conduct. Cf. Ecker at 110; E.B. See §
856.021, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1995 WL 497115
...He contends the evidence was insufficient to support the finding of guilt and the trial court therefore erred in denying his motion for judgment of acquittal. We agree and reverse. At the trial on the amended petition of delinquency charging R.D.W. with violating section 856.021, Florida Statutes (1993), the state adduced the following evidence....
...of the state's case. It withheld adjudication and ordered R.D.W. to enter and successfully complete the Juvenile Alternative Services Program and perform twenty-five hours of work and several other specified tasks. R.D.W. then filed a timely appeal. Section 856.021(1) provides that: *1194 [i]t 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....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2012 WL 4449124, 2012 Fla. App. LEXIS 16170
...at a time, or in a manner not usual for law-abiding individuals,” and (2) the loitering occurred under “circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021(1), Fla....
...3d DCA 1989) (emphasis added). To satisfy the second element, the state must demonstrate that the loitering occurred under “circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021(1), Fla....
...“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.” § 856.021(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2147
...In the psychiatrist's opinion, appellant would not have confessed if he had not been promised psychological help. The trial court ruled the initial stop and arrest was valid and legal, and that appellant's statements were made freely, knowingly and voluntarily. Appellant's arrest was predicated upon Section 856.021, Florida Statutes (1983), which provides: (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....
...warrant' a finding that a breach of the peace is imminent or the public safety is threatened." State v. Ecker,
311 So.2d at 109, quoting Terry v. Ohio,
392 U.S. 1, 21,
88 S.Ct. 1868, 1880,
20 L.Ed.2d 889, 906 (1968). To justify an arrest pursuant to Section
856.021, proof as to both elements of the statute must be established....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...o observed the juvenile's conduct as required in State v. Ecker, supra, at page 111 in the consolidated case of Worth v. State. The juvenile also contends the arresting officer failed to give him an opportunity to explain his presence as required by Section 856.021 Florida Statutes (1981)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...The officer left the area and upon his return a short time later he observed her still in the area. While he was watching her, the defendant again entered the street to talk to a motorist who had stopped at the light. Thereupon the defendant was arrested and charged with violation of § 856.021, Fla....
...The defendant contends that there is no evidence that her conduct constituted "loitering and prowling"; there was no threat to property or person, breach of the peace, etc.; the loitering and prowling statute has been unconstitutionally applied to the defendant's behavior. The Florida loitering and prowling statute, § 856.021, Fla....
...ble and reasonable alarm or immediate concern for the safety of persons or property in the vicinity" to mean those circumstances where peace and order are threatened or whether the safety of persons or property is jeopardized. State v. Ecker, supra. § 856.021, Fla....
...cted to preserve peace and good order in the community. It should be further noted that the police officer performed his duty and complied with the statute by affording the defendant an opportunity to dispel any alarm *555 or immediate concern. See: § 856.021(2), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...nd exited the patrol car, saw the juvenile walk away from the home and drop a glass piggy bank filled with coins, the officers had a legally well-founded concern for the safety of property in the vicinity so as to justify their stop of the juvenile, Section 856.021, Florida Statutes (1977); State v....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 422407
...ficer's testimony that at least two of the juveniles were standing up against the wall in the shadows at 10:13 at night. And I do feel that the officer did have reasonable or well-founded suspicion to believe that criminal activity may be underfoot. Section 856.021, Florida Statutes, makes it illegal "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 *646 alarm or immediate c...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2775873
...The officer retrieved the discarded item, a baggie containing cocaine. He then arrested Stephens and, in a search incident to the arrest, discovered the paraphernalia, a pocket knife with drug residue on the blade. As mentioned above, we limit our discussion to Stephens's conviction for loitering *184 and prowling, § 856.021, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 97692
...Although Giddens testified he believed Coleman had been loitering and prowling, the Florida loitering and prowling statute requires "circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." Section 856.021, Florida Statutes (1995)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1879818
...Rinehart was loitering and prowling, a crime that occurs when a suspect loiters or prowls "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." § 856.021, Fla....
...It requires proof that a person is loitering in a place, time or manner that is not usual for law-abiding citizens and "under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." § 856.021, Fla.Stat....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...da Rule of Criminal Procedure 3.191 governing speedy trial. We find that the time for speedy trial has expired and grant the writ. Defendant was arrested and taken into custody on October 4, 1978, on charges of loitering and prowling in violation of Section
856.021, Florida Statutes (1977), and possession of a concealed weapon in violation of Section
790.01, Florida Statutes (1977)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 228263
...the charge of loitering and prowling. We find that there was insufficient evidence to support this finding and, accordingly, reverse. A petition of delinquency was filed against the appellant charging him with loitering and prowling, in violation of section 856.021, Florida Statutes (1993)....
...s fees were imposed. The appellant filed a timely notice of appeal. The appellant contends that there was insufficient evidence to find him guilty of loitering and prowling. We agree. In order to sustain a conviction for loitering and prowling under section 856.021, there must be proof that: (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law abiding individuals; and (2) such loitering and prowling were under circumstances that warranted a justifiable an...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 22047648
...The crime of loitering and prowling consists of two elements: (1) the accused must loiter and prowl in a manner not usual for law abiding individuals; and (2) the loitering and prowling must be under circumstances that warrant concern for the public safety. See § 856.021(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 129791
...After listening to a recording of the phone call back in the station, she believed the voices were the same. Officer McBride arrested the defendant for "obstructing justice without violence." The information, however, charged the defendant with loitering or prowling under section 856.021(1), Florida Statutes, and with possession of cocaine recovered during the search incident to the arrest....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 1263966
..."To justify an investigatory stop, the arresting officer had to have a reasonable suspicion that [Mitchell] had committed, was committing, or was about to commit a crime." Stennes,
939 So.2d at 1149. Based on his observations, the officer suspected Mitchell of loitering and prowling in violation of section
856.021, Florida Statutes (2005)....
...ndividuals' and (2) such loitering took place under `circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.'" B.J. v. State,
951 So.2d 100 (Fla. 4th DCA 2007) (citing §
856.021(1), Fla. Stat. (2005)). "[A]larm is presumed under the statute if the defendant flees, [or] conceals himself or any object." Id. (citations omitted); see also §
856.021(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 545597
...ays. When he first saw the Ford Taurus, it was within two miles of the scene of a previous burglary. Neither the stop of the Taurus nor the questioning of the suspect was undertaken in response to a BOLO received on that date. Loitering and Prowling Section 856.021, Florida Statutes (2003), makes it unlawful "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 t...
CopyCited 3 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 1446, 1985 Fla. App. LEXIS 14620
HUBBART, Judge. The respondent juvenile D.A. appeals an adjudication of delinquency for the offense of loitering and prowling [§ 856.021, Fla....
...to wit: STANDING BY A STOLEN MOTOR VEHICLE, ENTERING THE YARD OF A RESIDENCE NOT HIS OWN, RUNNING FROM THE AREA BETWEEN HOUSES AND/OR BEING UNABLE TO DISPELL [SIC] OFFICERS ALARM FOR THE SAFETY OF PERSONS AND/OR PROPERTY IN THE AREA, in violation of 856.021 Florida Statutes.” The respondent entered a denial and was tried before the court without a jury....
...detail that the state had failed to establish a prima facie case of loitering and prowling. The trial court denied the motion and adjudicated the respondent delinquent. This appeal follows. II The offense of loitering and prowling, as proscribed by Section 856.021, Florida Statutes (1983), has two distinct elements which the state must establish at trial: “(1) The defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; (2) such loitering and...
...iction for loitering or prowling. A probable cause showing is all that is necessary to justify a loitering or prowling arrest; proof beyond a reasonable doubt, on the other hand, is required to sustain a loitering and prowling conviction. *154 Under Section 856.021(2), Florida Statutes (1983), circumstances which may be considered as tending to establish the second element, although none are conclusive, include: the defendant takes flight upon the appearance of a law enforcement officer, the def...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1990 WL 91861
...in the testimony, but rather on the court's interpretation and application of the case of State v. Palmer,
543 So.2d 400 (Fla. 4th DCA 1989). We find that the arresting deputy had sufficient probable cause to arrest for violation of Florida Statute
856.021; Florida's loitering and prowling statute....
...suspect the fourth man originally reported to be at the truck. Under these circumstances, there clearly was a reasonable concern on the part of the officers for the safety of persons or property in the vicinity, meeting the statutory criteria of section 856.021....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 425677
...view that the arrest took place prior to the test. In State v. Coron,
411 So.2d 237 (Fla. 3d DCA 1982), this court dealt with the question of a "silent" arrest. Although Coron did not involve section
316.1932, Florida Statutes (1993), it did involve section
856.021, Florida Statutes (1979), which required a specific procedure by the law enforcement officer involved prior to an arrest for loitering or prowling....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 390238
...State,
695 So.2d 864 (Fla. 4th DCA 1997), in arguing that the prosecution could not lawfully comment on his refusal to explain his presence and conduct to the police officer. In Ecker, while addressing the constitutionality of the loitering and prowling statute, see section
856.021, Florida Statutes (1973), the supreme court discussed the statute's requirement that the defendant "identify himself and explain his presence and conduct" to an officer....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 27 Fla. L. Weekly Fed. D 226
...At the plea hearing, Maples was questioned about his medications. He said they did not make him feel inebriated, but in fact helped him understand the proceedings. AFFIRMED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] §§
810.02(1) and (2)(A);
784.03, Fla. Stat. [2] §
856.021, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 557
...ismiss was incorrect and that at the time of the filing of the motion appellant was in the custody of the State of Florida. This appeal is from an order revoking appellant's probation. Police officers arrested appellant for loitering in violation of section 856.021, Florida Statutes (1986)....
...The trial court found that appellant violated her probation by having actual or constructive possession of cocaine, a controlled substance, and of drug paraphernalia, and by unlawfully loitering or prowling. Appellant contends that the police did not have probable cause to arrest her for violating section
856.021 and therefore the search of her purse incident to the arrest was unlawful. We agree. In State v. Ecker,
311 So.2d 104 (Fla. 1975), the supreme court upheld the constitutionality of section
856.021, Florida Statutes and stated that In justifying an arrest for this offense, we adopt the words of the United States Supreme Court in Terry v....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 211741
...Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. T.T., a juvenile, was charged by delinquency petition with loitering and prowling in violation of section 856.021, Florida Statutes (1987)....
...moved for a judgment of acquittal which the trial court denied. The court found T.T. guilty of the charged offense, adjudicated him delinquent, and committed him to H.R.S. for sixty days. In order to sustain a conviction for loitering and prowling under section 856.021, Florida Statutes, there must be proof beyond a reasonable doubt that: "the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals [and] such loitering and prowling were under circums...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 5262709
...owling in a manner not usual for law-abiding citizens, and (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property located in the vicinity. § 856.021, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 2869
...tried to walk around the officer, who was in plain clothes. The officer tried to grab K.H., who pushed the officer in the chest and ran home. The officer chased him, took custody of him on the front porch of KH.’s house, and arrested him for loitering and prowling in violation of section 856.021, Florida Statutes (2007)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467066
...NOTES [1] The State does not suggest that Officer Northrup could have lawfully detained A.F. for suspicion of loitering, and the evidence does not reflect "circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." § 856.021(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4414218
...4th DCA 2007) (citing Stennes v. State,
939 So.2d 1148, 1149 (Fla. 4th DCA 2006)); accord Illinois v. Wardlow,
528 U.S. 119, 123,
120 S.Ct. 673,
145 L.Ed.2d 570 (2000). Here, the officer suspected Ms. Hollingsworth of loitering and prowling in violation of section
856.021, Florida Statutes (2004)....
...place, at a time, or in a manner not usual for law-abiding individuals," and (2) the loitering occurred under "circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." § 856.021(1), Fla....
...d an imminent breach of the peace or threat to public safety." Id. As to the second element, there is a presumption of alarm if the defendant "flees, [or] conceals himself or any object." B.J. v. State,
951 So.2d 100, 102 (Fla. 4th DCA 2007) (citing §
856.021(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1871510, 2014 Fla. App. LEXIS 6939
...nt knew or with substantial certainty should have known would cause an objectively reasonable observer to have reasonable alarm or imminent concern that the defendant’s conduct was creating a safety risk for person or property in the vicinity. See § 856.021, Fla....
...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. § 856.021....
...ther crime. 6 As a result, law enforcement officers invariably create problems when they try to justify a stop based on loitering or prowling because they are a little short of the reasonable suspicion needed for a Terry stop for some other offense. Section 856.021(1) requires the defendant to commit conduct that “warrantfs] a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” But justifiable and reasonable alarm is not created in a vacuum; it is created in a human mind....
...ll likely occur in the very near future unless the officer intercedes. Once a person has been stopped for this offense, the person must be allowed to give a statement to “dispel any alarm or immediate concern which would otherwise be warranted.” § 856.021(2)....
...nable basis to believe he was intending to commit harm to person or property in the very near future. Admittedly, the statute suggests that fleeing an officer is an indicator that a person is about to jeopardize the safety of person or property. See § 856.021(2)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 4210, 2010 WL 1222625
...The state contends that the totality of the circumstances supported the officers' suspicion that Hunter was loitering and prowling when they observed him. In E.C. v. State,
724 So.2d 1243, 1244-45 (Fla. 4th DCA 1999), we explained the elements of loitering and prowling: To prove a charge of loitering and prowling, under section
856.021, Florida Statutes, the state must prove that (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; and (2) the loitering and prowling were under circumstances that warranted...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...It is uncontroverted from the record that the State failed to introduce evidence that the police gave the appellant an opportunity to explain his presence and conduct or to show circumstances making it impracticable to give the appellant such an opportunity, pursuant to the requirements of § 856.021, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10560, 2010 WL 2836127
...so she arrested him for loitering and prowling. She searched him and found an empty gun holster on his belt; a subsequent search of his vehicle revealed a pistol, cannabis, and paraphernalia. She testified that the search was incident to his arrest. Section 856.021(1), Florida Statutes (2008), provides, "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 o...
...oitering and prowling, the officer must give "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." § 856.021(2)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 400112
...s for some four hours into the late evening to the extent that two such patrons feel the need for management to escort them to their cars, and management itself is finally forced to put in an emergency call to the police to remedy the situation. See § 856.021, Fla. Stat.; State v. Ecker . Moreover, among the statutory factors that may be considered are flight at the approach of a law enforcement officer and refusal of the suspect to identify, both factors present in this case. See § 856.021(2), Fla....
...t got a trespassing from the property, that's what the management wanted." L.K.B. laughed and ran off, refusing to provide identification. The officer ordered him to stop and then chased him on foot. To prove a charge of loitering and prowling under section 856.021, the state must show (1) that the defendant loitered in a place, at a time, or in a manner not usual for law-abiding individuals, and, (2) that the loitering and prowling were under circumstances that warranted a justifiable and reaso...
...In the instant case, L.K.B.'s presence for several hours near the telephone outside the open business in full view of any customer or passerby, including a police officer on patrol, did not point to incipient criminal behavior, so the finding of guilt cannot be sustained. I note further that section
856.021 reaches the outer limits of constitutionality and that *197 it should not be used as a "catchall" to detain and charge citizens when there is an insufficient basis to sustain a conviction on some other charge, D.A.,
471 So.2d at 153, or to alleviate social problems, C.V.H.,
557 So.2d at 929....
...ling. Nor can it be the basis for a Terry stop, as the majority holds, based on the suspicion that an assault was about to take placeunless "assaulting the sensibilities" of another is now a crime. GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] § 856.021, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 576, 2011 WL 252317
...tual findings de novo.” K.W. v. State,
906 So.2d 383, 384 (Fla. 2d DCA 2005) (citing Connor v. State,
803 So.2d 598, 608 (Fla.2001)). Because law enforcement officers lacked probable cause to arrest Mr. Simms for loitering or prowling, we reverse. Section
856.021, Florida Statutes (2008), outlaws 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 a...
...Thus, the trial court ruled, the officers had probable cause to arrest Mr. Simms for loitering or prowling. The offense has two elements. The first is loitering or prowling “in a place, at a time or in a manner not usual for law-abiding individuals....” § 856.021(1)....
...Simms behaved in an unusual manner by crouching between cars. The second element of loitering or prowling is that the unusual behavior take place “under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property....” § 856.021(1)....
...Law enforcement officers may consider various circumstances in deciding whether alarm or concern is warranted: a person’s flight at an officer’s appearance, refusal to identify himself, or “manifest[ ] endeavor[ ] to conceal himself ... or any object.” § 856.021(2)....
...g that if officer believed appellant was soliciting prostitution by repeatedly approaching drivers stopped at intersection, officer should have arrested her for that instead of loitering or prowling)); see also Ecker,
311 So.2d at 111 (“The use of Section
856.021 as a ‘catchall’ criminal offense may result in a finding that the statute has been unconstitutionally applied.”); L.C.,
516 So.2d at 97 (“It cannot be emphasized enough that the loitering and prowling statute is not to be used...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1991 WL 1981
...Rodriguez and said she did not know the defendant. The defendant then gave somewhat inconsistent answers to the officers' questions regarding who had been standing beside his truck. At that point, the officers placed the defendant under arrest for loitering and prowling, section 856.021, Florida Statutes (1987)....
...4th DCA 1987) (suspect's disproved explanation for being outside window of an apartment did not give officers probable cause to arrest). The defendant and the state both advance arguments regarding whether a defendant who was properly arrested under section 856.021 would have a defense if the officers never specifically asked him to identify himself....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 264106
...ppression based upon a claim that his arrest was unlawful. The claim that his arrest was illegal was based upon the law expressed in D.L.B. v. State,
685 So.2d 1340 (Fla. 2d DCA 1996), a case which recognizes that the loitering and prowling statute, section
856.021 of the Florida Statutes, requires the police, before effectuating an arrest, to afford the arrestee an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...rdless sweep [that] allows policemen, prosecutors, *984 and juries to pursue their personal predilections." [Citation omitted]. Id. at 357-58,
103 S.Ct. at 1858. We begin our analysis with a consideration of Florida's loitering and prowling statute, section
856.021, Florida Statutes (1991), which provides in pertinent part: 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. The Florida Supreme Court considered section
856.021 in State v....
...al inferences from those facts, reasonably warrant" a finding that a breach of the peace is imminent or the public safety is threatened. Id. After the United States Supreme Court issued its opinion in Kolender, the Florida Supreme Court reconsidered section 856.021 and again upheld the statute's constitutionality....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 130963
...at a time, or in a manner not usual for law-abiding citizens; and (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Section 856.021, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5950, 2011 WL 1565450
...To justify arresting Mills, the officers needed probable cause to believe that he had already committed, was currently committing, or was about to commit a crime. See Caldwell v. State,
41 So.3d 188, 196 (Fla.2010). Here, the officers arrested *939 Mills for loitering and prowling. See §
856.021, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 5222391, 2013 Fla. App. LEXIS 14819
...In this case, Deputy Johnson placed M.J. under arrest and transported him to the sheriffs office for questioning; therefore, the question we must answer is whether the totality of the circumstances provided him with probable cause to arrest M.J. for loitering and prowling. Section 856.021, Florida Statutes (2012), provides: “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.” § 856.021(1), Fla....
...When a person takes “flight upon appearance of a law enforcement officer” or “manifestly endeavors to conceal himself or herself or any object,” this is a circumstance for consideration in determining the alarm or immediate concern element. § 856.021(2), *1155 Fla....
...“To satisfy the second element, the state must demonstrate that the loitering occurred under ‘circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.’” Id. at 983 (quoting § 856.021(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 14005, 2014 WL 4427041
...for law-abiding individuals,’ and (2) the loitering was under ‘circumstances
that warrant a justifiable and reasonable alarm or immediate concern for
the safety of persons or property in the vicinity.’” E.F. v. State,
110 So. 3d
101, 104 (Fla. 4th DCA 2013) (quoting §
856.021, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4571508
...The crime of loitering and prowling provides as follows: 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. § 856.021(1), Fla....
..., and Ortiz was walking away from the broken door towards the small red car where Lugo was seated facing the wrong way with the engine running. When Ortiz was questioned, he was given an opportunity, but he failed, to dispel the officers' alarm. See § 856.021(2) Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 777451
...Having found no merit to any of the claims of reversible error raised by Mr. Adside in this appeal, we affirm his convictions and sentences. AFFIRMED. DAUKSCH and HARRIS, JJ., concur. NOTES [1] §
810.02, Fla. Stat. (1995). [2] §
810.06, Fla. Stat. (1995). [3] §
856.021, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Petitioner seeks review of a decision of the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, which affirmed a judgment and sentence of the County Court of Polk County. Petitioner was found guilty of loitering and prowling in violation of section 856.021, Florida Statutes (1981). On appeal to the circuit court, petitioner challenged section 856.021 as being facially unconstitutional for vagueness....
...Lawson, ___ U.S. ___,
103 S.Ct. 1855,
75 L.Ed.2d 903 (1983), which declared the California loitering statute unconstitutionally vague on its face. While some of the authorities and reasoning relied upon in Ecker have now been disapproved in Kolender, we feel that section
856.021 is so much more definitive than the California statute as to render the result in Ecker still valid....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 19605, 2012 WL 5500505
CORTINAS, J. M.R. appeals the adjudication of delinquency and final disposition of a loitering and prowling charge under section 856.021, Florida Statutes (2010), following an adjudicatory hearing....
...delinquent of loitering and prowling and withheld adjudication. On appeal, M.R. argues that the trial court erred by denying M.R.’s motion for judgment of dismissal because the *392 State failed to produce sufficient evidence that M.R. committed the offense of loitering and prowling. 1 We disagree. Section 856.021, Florida Statutes (2010), provides that “[i]t 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.” § 856.021(1), Fla....
...Factors that warrant such alarm or an immediate concern include “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.” § 856.021(2), Fla....
...However, unless the person flees, or other factor make it impractical, prior to arrest, police officers must “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.” § 856.021(2), Fla....
...e, or in a manner not usual for law-abiding individuals, and (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. See §§ 856.021(1) & 856.021(2), Fla....
...alarming in nature, pointing toward an imminent breach of the peace or threat to public safety, by coming close to, but falling short of, the actual *394 commission or attempted commission of a substantive crime.” E.C.,
724 So.2d at 1244 ; see also §
856.021(2)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 5989268, 2013 Fla. App. LEXIS 18004
...if those findings are supported by competent, substantial evidence.’ ” State v. Holland,
76 So.3d 1032, 1034 (Fla. 4th DCA 2011) (quoting Ferguson v. State,
58 So.3d 360, 363 (Fla. 4th DCA 2011)). We have de novo review of the issues of law. Id. Section
856.021(1), Florida Statutes (2009), makes it “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 imm...
...“[T]he State must prove more than vaguely suspicious presence.” J.S.B. v. State,
729 So.2d 456, 457 (Fla. 2d DCA 1999). The second element requires “justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” §
856.021(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 6231, 2009 WL 1456728
...ant to normal police practices."). Poviones could have been arrested on a concealed weapons charge, rather than loitering and prowling. However, as a result of Poviones' conduct, the arrest for loitering and prowling was also justified. According to section 856.021(1), Florida Statutes (2004), the elements of loitering and prowling are: 1) loitering and prowling in a place, at a time, or in a manner not usual for law-abiding individuals; and 2) the loitering and prowling were under circumstances...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 2120259, 2013 Fla. App. LEXIS 7962
LaROSE, Judge. S.K.W., a juvenile, appeals her adjudication and disposition of probation for loitering or prowling. See § 856.021(1), Fla....
...Neither girl had any drugs or weapons. Each had a cell phone and a cigarette lighter. Officer Westmoreland arrived as backup. He inspected the house and found no signs of entry, damage, or theft. The officers arrested the girls for loitering or prowling. *777 Section 856.021(1) defines loitering or prowling as follows: 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....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3019, 2015 WL 894340
...The State responds that a conviction for loitering and prowling may be
based on acts not occurring in the officer’s presence, and it requests this
Court to recede from its precedent holding otherwise.
Some history regarding Florida’s loitering and prowling statute, section
856.021, Florida Statutes (2012),2 provides guidance on the issue before
2 The statute provides the following:
(1) It is unlawful for any person to loiter or prowl in a place, at a
time or in a manner not usual for...
..., 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 . . . .
§ 856.021, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 475341
...rning loitering and prowling and the casing of Agent Mann's home. However, the conduct of being in a residential driveway at high noon is not a "crime" within the meaning of section
90.404(2)(a), Florida Statutes (2002). Loitering and prowling under section
856.021(1), Florida Statutes (2002) involves conduct that occurs "in a place, at a time or in a manner not usual for law-abiding individuals." This element "requires `conduct which comes close to, but falls short of, the actual commission or...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 5928, 1996 WL 303085
PER CURIAM. For suspicious events occurring on October 19, 1994, a petition charged the juvenile appellant with loitering and prowling, in violation of section
856.021, Florida Statutes (1993), and obstructing or opposing an officer without violence, in violation of section
843.01, Florida Statutes (1993)....
...The officer took the appellant to the complainants who identified him as the prowler. The officer conceded that when he arrested the appellant he did not ask him beforehand to explain what he was doing in the area. These circumstances show that the police did not comply with subsection (2) of section 856.021 which provides in relevant part that: 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 t...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 7704, 2002 WL 1174269
PER CURIAM. A.D., a juvenile, appeals from a finding of guilt for the offense of loitering and prowling under section 856.021, Florida Statutes (2001)....
...had committed the offense of loitering and prowling. The court withheld adjudication and placed A.D. on community control. A.D. appeals. Because the evidence is insufficient to support the trial court’s finding that A.D. is guilty of loitering and prowling, we reverse. Under section 856.021(1), Florida Statutes (2001), the offense of loitering and prowling has two distinct elements: (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; [and] (2) such loitering...
CopyCited 1 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 77088, 2016 WL 3256935
...Dunn also sued the City of Boynton Beach (“the City”) for false arrest 1 under state law based on a *1316 theory- of vicarious liability. Additionally, Dunn brought a claim for a declaratory judgment against both Defendants that sections
810.06 (possession of burglary tools) and
856.021 (loitering or prowling) of the Florida statutes were unconstitutional ly applied to him....
...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. Fla. Stat. § 856.021 ....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 23
of loitering and prowling, in violation of section
856.021, Florida Statutes (1991). He argues that the
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 653
a charge of loitering and prowling, under section
856.021, Florida Statutes, the state must prove that
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 470893, 2014 Fla. App. LEXIS 1418
...to investigate further, see Terry v. Ohio,
392 U.S. 1, 15-16 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968), a mere investigatory stop is not what happened. He arrested W.D. for loitering and prowling. See Simms,
51 So.3d at 1265 ; P.R.,
97 So.3d at 982 . Section
856.021, Florida Statutes (2010), defines loitering and prowling....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 WL 31870566
...ing over by [a cemetery] wall, by the bushes, crouched down by the bushes" near several vehicles visiting the cemetery at two o'clock on Christmas Day afternoon, [1] was insufficient to establish the elements of loitering and prowling as required by section 856.021, Florida Statutes (2001)....
...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. § 856.021, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 WL 928498
...tried to walk around the officer, who was in plain clothes. The officer tried to grab K.H., who pushed the officer in the chest and ran home. The officer chased him, took custody of him on the front porch of K.H.'s house, and arrested him for loitering and prowling in violation of section 856.021, Florida Statutes (2007)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1809317
...oitering or congregating in a) at a time, or in a manner not usual for law-abiding individuals; and (2) under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. § 856.021, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1316545, 2012 Fla. App. LEXIS 5928
...ime, or in a manner not usual for law-abiding individuals, and (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. See § 856.021(1), Fla....
...See generally Ecker,
311 So.2d at 110 (explaining that failure to explain presence is not an element of the crime but rather a defense; holding that requiring defendant to “explain his presence and conduct” is constitutionally prohibited). III. CONCLUSION Because neither element necessary to establish a crime under section
856.021(1), Florida Statutes, was satisfied, we conclude that A.L.’s actions in the instant case do not amount to evidence sufficient to sustain his conviction for loitering and prowling....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 13407
...prowling in a manner not usual for law abiding citizens, and (2) the loitering and prowling was under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property located in the vicinity. § 856.021, Fla....
CopyPublished | Supreme Court of Florida
granting a motion to dismiss on the ground that Section
856.021, Florida Statutes (1975), is unconstitutionally
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16031
...The State does not suggest that Officer Northrup could have lawfully detained A.F. for suspicion of loitering, and the evidence does not reflect "circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." § 856.021(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 15518, 2002 WL 31374772
...umstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” A.D. v. State,
817 So.2d 1027, 1028 (Fla. 3d DCA 2002)(quoting State v. Ecker,
311 So.2d 104, 106 (Fla.1975)); §
856.021, Fla....
...2d DCA 2000). Accordingly, the order is reversed and the sentence is vacated. On remand, the court shall reinstate Gonzalez’s probation. Reversed and remanded. . There is no evidence that Gonzalez fled the area "upon appearance of a law enforcement officer." § 856.021(2), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Defendants, Carlton Grant, Sule Jackson, and Enos Beauchamp, for their role in a
violent robbery at a gun store in Hialeah, Florida. Gordon had initially been
arrested by Miami-Dade County police officers for violating Florida’s anti-
loitering statute (Fla. Stat. § 856.021); evidence seized from Gordon’s car at the
time of that arrest gave rise to the robbery-related charges....
...The statute has two
elements: (1) the accused must be loitering or prowling at a place, at a time, or in a
manner not usual for law-abiding citizens; and (2) the loitering or prowling must
be under circumstances that warrant a reasonable fear for the safety of persons or
property in the vicinity. Fla. Stat. § 856.021(1)....
...In that
case, however, there was no suggestion that the defendant was attempting to flee the police when
he exited the car.
16
fact that the person takes flight upon appearance of a law enforcement officer.” Id.
§
856.021(2).
“Probable cause to arrest exists when law enforcement officials have facts
and circumstances within their knowledge sufficient to warrant a reasonable belief
that the suspect had committed or was committing a crime.” United States v.
Gonzales,
969 F.2d 999, 1002 (11th Cir....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 26621
...ton Grant, Sule
Jackson, and Enos Beauchamp, for their role in a violent robbery at a gun store in Hialeah, Florida. Gordon
had initially been arrested by Miami-Dade County police officers for violating Florida's anti-loitering statute
(Fla.Stat. § 856.021); evidence seized from Gordon's car at the time of that arrest gave rise to the
robbery-related charges....
...The statute has two elements: (1) the accused must be loitering or prowling
at a place, at a time, or in a manner not usual for law-abiding citizens; and (2) the loitering or prowling must
be under circumstances that warrant a reasonable fear for the safety of persons or property in the vicinity.
Fla. Stat. § 856.021(1)....
...In that case, however, there was no suggestion that
the defendant was attempting to flee the police when he exited the car.
reasonable fear exists, including "the fact that the person takes flight upon appearance of a law enforcement
officer." Id. § 856.021(2).
"Probable cause to arrest exists when law enforcement officials have facts and circumstances within
their knowledge sufficient to warrant a reasonable belief that the suspect had committed or was committing
a crime." United States v....
CopyPublished | Florida 1st District Court of Appeal | 2015 WL 6143113
...Appellant responded that
he would not give them her name because he did not want to get her in trouble.
Officer Helms ran a utility records check and could not find anyone with
Appellant’s last name in the complex.
To prove loitering and prowling under section 856.021, Florida Statutes, the
State must show: 1) the defendant loitered or prowled in “a place, at a time or in a
manner not usual for law-abiding individuals;” and 2) such loitering and prowling
were “under circumstances that warr...
...2d DCA 1989) (holding insufficient evidence to
prove loitering where defendant was part of a group that dispersed at the sight of
law enforcement and the group was congregated in a high-crime area).
Accordingly, the evidence did not support an adjudication for loitering and
prowling under section 856.021, Florida Statutes.
Because the State failed to present sufficient evidence to satisfy the first
element of the offense, we need not address the sufficiency of the evidence as to
the second element....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 13694
...As to the second, it must prove conduct that is alarming in nature, indicating an imminent breach of the peace or a threat to public safety.
729 So.2d at 457 (citation omitted). The suspect’s flight from the police may be considered in determining the presence of alarm or concern for the safety of persons or property. See §
856.021(2), Fla....
CopyPublished | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 14366
...and became the officer in charge of the case. Askew testified that he effectuated the arrest and transportation of the Defendants to substation 4 about 15 miles away. Askew stated he originally arrested them for loitering and prowling, an offense defined in Fla. Stat. 856.021 (1972)....
...Savage,
564 F.2d 728 (5th Cir. 1977). The fact that the Defendants fled the approach of the police helicopter and refused to explain their actions to the police is substantial justification for their arrest under the Florida loitering and prowling statute, Fla.Stat.
856.021 (1972)....
...e had been picking fruit after a drinking party. The circumstances, especially the airplane in the road, potentially threatened the public safety. Thus, the Court finds that probable cause existed for arresting Kelly and Warren under Florida Statute 856.021 (1972)....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 17011, 2006 WL 2918751
...He also contended that his arrest for loitering and prowling was invalid, as the officer failed to give him the opportunity to dispel any alarm or immediate concern which would otherwise be warranted by his presence near the 7-Eleven, which he claimed was required by section 856.021(2), Florida Statutes (2001)....
..., even though defendant did not enter restaurant or accost employees); see also State v. Thompson,
348 So.2d 618 (Fla. 4th DCA 1977); City of St. Paul v. Johnson, 288 Minn. 519 , 179 N.W.2d 317 (1970). 3 AFFIRMED. SAWAYA and EVANDER, JJ„ concur. . Section
856.021(2) provides: (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....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 13981, 1991 WL 200772
...iven by a teenaged boy are not sufficient circumstances, by themselves, to justify an arrest under the “totality of the circumstances” test. 3 It also seems clear that the officers lacked a basis to arrest G.E.C. for “loitering or prowling.” Section 856.021 makes it “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...
...commit the substantive offense of “loitering and prowling” 5 and accordingly there was no probable cause to arrest him for that crime. Accordingly, we reverse the judgment appealed. REVERSED and REMANDED. DIAMANTIS, J., concurs. COBB, J., dissents with opinion. . Section 856.021, Fla.Stat....
...or what time it opened, although he claimed that is where he was going. The district court upheld the arrest for vagrancy under section 856.02, a crime, repealed in 1972. As then written, the statute defined "vagrancy" with much less specifics than section 856.021 (loitering and prowling)....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 15287, 2014 WL 4852882
...appeal, is that Officer Cabrera did not have probable cause to arrest the defendant
for loitering or prowling, and therefore, any evidence obtained as a result of that
arrest, including the defendant’s confession, was inadmissible as fruit of an illegal
search and seizure.
Section 856.021 of the Florida Statutes (2007), the loitering or prowling
statute, provides as follows:
(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 individual...
...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.
The case law interpreting section
856.021 has found that the State must
prove two elements to support an arrest for loitering or prowling: (1) the
defendant loitered or prowled in a place, time, or manner that would be unusual for
law-abiding citizens; and (2) th...
...crime will suffice. M.R.,
101 So. 3d at 392.
The second element of the offense requires a set of circumstances
establishing that the defendant’s behavior is alarming in nature, creating an
imminent threat to nearby persons or property. Id.; see also §
856.021(1)....
...e officer
activated his emergency lights, the defendant attempted to conceal himself behind
the van and then fled from Officer Cabrera. These are textbook examples of the
“alarm” required in the statute, and are even specifically mentioned in section
856.021(2)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21196
PER CURIAM. B.R.S. appeals an adjudication of delinquency for loitering and prowling, contrary to Section 856.021 (1979), Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 24156
...observed the juvenile’s conduct as required in State v. Ecker, supra, at page 111 in the consolidated case of Worth v. State. The juvenile also contends the arresting officer failed to give him an opportunity to explain his presence as required by Section 856.021 Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 11586
for loitering or prowling, in violation of section
856.021, Florida Statutes (1993), and placed on community
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2380, 1984 Fla. App. LEXIS 16569
...The State of Florida appeals from three separate orders which dismissed informa-tions filed against appellees Jack Rash, Darrell Johnson and Anthony McGill. These cases have been consolidated for review. Appellees were charged with loitering and prowling in violation of section 856.021, Florida Statutes (1983)....
...They moved to dismiss, relying on Kolender v. Lawson,
461 U.S. 352 ,
103 S.Ct. 1855 ,
75 L.Ed.2d 903 (1983), which they claimed mandated a finding that the statute was unconstitutional. The county court agreed, granted their motions to dismiss, and found that under Ko-lender, section
856.021 was facially unconstitutional. We disagree and reverse. 1 Section
856.021, the loitering and prowling statute, provides: (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 reasona...
...cond degree, punishable as provided in s.
775.082 or s.
775.083. To determine whether this statute is facially unconstitutional under Kolender , review of State v. Ecker,
311 So.2d 104 (Fla. 1975) is necessary. In Ecker , our supreme court held that section
856.021 is not vague or overbroad since rather than merely proscribing loitering or idling, it proscribes loitering that threatens public safety or a breach of the peace....
...It should be noted that the Court majority did not hold that the statute violates the Fourth Amendment by authorizing an arrest for failure to produce identification or further information upon demand by the police following a Terry stop. 3 *1204 Appellees claim that section 856.021 is similar to the California statute in that it contemplates the requirement of identification and fails to specify what type of identification is necessary or sufficient....
...4 However, the California statute lacked “standards for determining what a suspect has to do to satisfy the requirement to provide a ‘credible and reliable’ identification.” Id. at 358 ,
103 S.Ct. at 1859 ,
75 L.Ed.2d at 909 . In contrast, section
856.021 does not make criminal the failure to provide identification....
...Recently both the Second and Third Districts have been confronted with the claim raised here and they concluded (without extensive discussion) that while some of the authorities and reasoning in Ecker have since been disapproved in Kolender; 5 nevertheless, section 856.021 is still much more definitive than the California statute and hence Ecker still controls....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2389, 1984 Fla. App. LEXIS 15917
...The factual circumstances in this case are distinguishable to the extent that nothing occurred after the officer made his decision to stop the appellants, including the silence of the appellant, which gave rise to the arrests for loitering and prowling. The interrogation in this case was clearly of a custodial type. Section 856.021(2), Florida Statutes (1983), requires an officer to “afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence *1190 and conduct, .......
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15185
...The officer left the area and upon his return a short time later he observed her still in the area. While he was watching her, the defendant again entered the street to talk to a motorist who had stopped at the light. Thereupon the defendant was arrested and charged with violation of § 856.021, Fla.Stat., in that she did unlawfully 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 safety of persons or property in the vicinity....
...The defendant contends that there is no evidence that her conduct constituted “loitering and prowling”; there was no threat to property or person, breach of the peace, etc.; the loitering and prowling statute has been unconstitutionally applied to the defendant’s behavior. The Florida loitering and prowling statute, § 856.021, Fla.Stat., has recently been upheld as constitutional....
...e and reasonable alarm or immediate concern for the safety of persons or property in the vicinity” to mean those circumstances where peace and order are threatened or whether the safety of persons or property is jeopardized. State v. Ecker, supra. § 856.021, Fla.Stat....
...cted to preserve peace and good order in the community. It should be further noted that the police officer performed his duty and complied with the statute by affording the defendant an opportunity to dispel any alarm *555 or immediate concern. See: § 856.021(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15186
of loitering or prowling pursuant to Fla.Stat. § 856.-021. On this appeal, it is urged that the evidence
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 7253
...ng individuals,’ ” and (2) “the circumstances must ‘warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.’ ” Jaudon v. State,
749 So.2d 548, 549 (Fla. 2d DCA 2000) (quoting §
856.021, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 2150930
...for law-abiding individuals,'" and (2) "the circumstances must `warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.'" Jaudon v. State,
749 So.2d 548, 549 (Fla. 2d DCA 2000) (quoting §
856.021, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 7968, 2007 WL 1485768
...m for loitering or prowling. He further argues there was no evidence to support a reasonable belief that his behavior presented an imminent threat to the safety of property or people in the area. The offense of loitering or prowling is defined under section 856.021, Florida Statutes (2005): (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. § 856.021(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1996 WL 252859
...At the time of the incident, other people were sitting on the porch of the duplex. There was no evidence that the officer ever asked Appellant what he was doing there. Appellant was charged not with a drug offense, but only with loitering and prowling under section 856.021, Florida Statutes....
...The offending act, pursuant to the statute, must occur "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." § 856.021(1), Fla.Stat....
...2d DCA 1991); D.A. v. State,
471 So.2d 147 (Fla. 3d DCA 1985); Blanding v. State,
446 So.2d 1135 (Fla. 3d DCA 1984). Additionally, we note that here there also was no proof, required for conviction of the statutory offense, that the officer complied with the section
856.021(2) requirement that the suspect be afforded an opportunity to dispel alarm by requesting Appellant to identify himself and explain his presence and conduct. See Z.P. v. State,
440 So.2d 601 (Fla. 3d DCA 1983); §
856.021(2), Fla.Stat....
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4735
Florida’s loitering and prowling statute, Section
856.021, Florida Statutes. We have conflict certiorari
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1410, 1990 WL 20392
PETERSON, Judge. C.V.H., a child, was charged with loitering and prowling, in violation of Section 856.021, Florida Statutes (1987)....
...was known by her, had frequented the store as a customer, and had not caused her any major problems. She also testified customers frequently would buy food at the store, consume it in the parking area, and then discard the wrappings in the nearby trash bins. Section 856.021, Florida Statutes, was found to be constitutional by our supreme court in State v....
...While it is true that C.V.H. ran when he recognized the car driven by the deputy sheriff, thus satisfying the presumption of an alarm under the second element of the statute, the first element must also be present in order to be convicted under the statute. Section 856.021 is sometimes used as a “catchall” criminal charge when no other charge could be proved....
CopyPublished | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 1298, 1990 WL 20128
...sees an accused (1) loitering and prowling in a place, time or manner not usual for law-abiding citizens and (2) the circumstances warrant justification and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. § 856.021, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 12118
PER CURIAM. V.S. appeals from an adjudication of delinquency for violation of section
856.021, Florida Statutes (1981), and possession of diazepam in violation of section
893.13, Florida Statutes ,(1981)....
...The officer made no attempt to ascertain the accu *233 racy of this information. V.S. was arrested for loitering and prowling and a subsequent search revealed the presence of the contraband diazepam. This record is devoid of any evidence that satisfies the criteria contained in section 856.021, Florida Statutes (1981), as that statute has been interpreted by our supreme court, see B.A.A....
CopyPublished | Florida 4th District Court of Appeal
...or in
a manner not usual for law-abiding individuals,” and (2) the loitering or
prowling was “under circumstances that warrant a justifiable and
reasonable alarm or immediate concern for the safety of persons or
property in the vicinity.” See § 856.021(1), Fla....
...2d
DCA 2006)). The arresting officer must be able to articulate specific facts
showing an imminent breach of the peace or threat to public safety. Id.
(quoting Williams v. State,
674 So. 2d 885, 886 (Fla. 2d DCA 1996)). Alarm
for public safety is presumed under section
856.021(1) if the defendant
flees, conceals himself or any object, or refuses to identify himself when
an officer appears....
...ndant may not be convicted.
Id.
The State must prove more than a vaguely suspicious presence, and
the conduct must pose an imminent breach of peace and threat to public
safety. See T.W. v. State,
675 So. 2d 1018, 1019 (Fla. 2d DCA 1996).
Despite section
856.021(1)’s title, loitering or prowling alone is insufficient
to constitute a criminal offense....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1225230, 2014 Fla. App. LEXIS 4358
...usual for law-abiding individuals,’ and (2) the loitering was under ‘circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.’ ” E.F.,
110 So.3d at 104 (quoting §
856.021, Fla....
...M.J.,
121 So.3d at 1154-55 (“When a person takes ‘flight upon appearance of a law enforcement officer’ or ‘manifestly endeavors to conceal himself or herself or any object,’ this is a circumstance for consideration in determining the alarm or immediate concern element.”) (quoting §
856.021(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 3088
...State,
537 So.2d 148 (Fla. 2d DCA 1989). The facts presented by the State did not demonstrate that J.S.B.’s actions constituted an imminent breach of the peace or a threat to public safety. Therefore, the State failed to establish a prima facie case under section
856.021, Florida Statutes (1997), and the court erred in denying the juvenile’s motion for judgment of acquittal....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 3720
GROSS, J. B.J. appeals his adjudication of delinquency 1 for loitering and prowling in violation of section 856.021, Florida Statutes (2005), on the grounds that the trial court erred in denying his motion for judgment of dismissal....
...t a time, or in a manner not usual for law-abiding individuals” and (2) such loitering took place under “circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021(1), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 689, 1989 Fla. App. LEXIS 1317
...He now appeals. We hold that the facts of this case do not support an adjudication for the offense charged. The state failed to establish beyond a reasonable doubt either of the two elements necessary to prove the offense of loitering and prowling as required by section 856.021, Florida Statutes (1987)....
...The first statutory element necessary to prove was that the juvenile loitered ,or prowled in a place, at a time, or in a manner not usual for law-abiding individuals. State v. Ecker,
311 So.2d 104, 106 (Fla.), cert. denied,
423 U.S. 1019 ,
96 S.Ct. 455 ,
46 L.Ed.2d 391 (1975); §
856.021(1)....
...Neither did the state establish that the facts supported the second element necessary to convict the juvenile of loitering and prowling, i.e., that the defendant’s conduct warranted a justifiable and reasonable alarm and immediate concern for the safety of persons or property in the vicinity. Ecker,
311 So.2d at 106 ; §
856.021(1)....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 4101, 1990 WL 77269
...As in the present ease, the defendant therein had the misfortune to stand beneath a “no loitering” sign while otherwise engaging in nothing visibly unlawful. This court found the presence of the sign irrelevant to the question whether Freeman was in violation of section 856.021, Florida Statutes (1989)....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 13938
safety of persons or property in the vicinity. §
856.021(1), Fla. Stat. (1981). At this point, the officer
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 13809
...It is uncontroverted from the record that the State failed to introduce evidence that the police gave the appellant an opportunity to explain his presence and conduct or to show circumstances making it impracticable to give the appellant such an opportunity, pursuant to the requirements of § 856.021, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 5721, 1991 WL 110456
...s preceding arrest was evidence of criminal activity where defendant was part of group gathered on street corner which dispersed at officers’ approach). Contrary to the dictates of B.A.A., the sergeant here used the loitering and prowling statute, section 856.021, Florida Statutes (1989), as a catchall provision to detain a citizen and prosecute him where there was insufficient basis to convict on some other charge....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6705, 1997 WL 330566
...We reverse as the trial court erred by allowing the state to make repeated references to his failure to explain his presence and conduct to the police. In State v. Ecker,
311 So.2d 104 (Fla.1975), the supreme court addressed the constitutionality of the loitering and prowling statute, section
856.021, and in doing so set out the elements of the offense as follows: Under the provisions of this statute, the elements of the offense are: (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law abid...
...ry to believe that was indeed required, and would have been an impermissible comment on his right to remain silent. Accordingly, we reverse Smith’s conviction and remand for a new trial. See also Carroll v. State,
573 So.2d 148 (Fla. 2d DCA 1991) (section
856.021 does not proscribe particular conduct, so it reaches outer limits of constitutionality and must be applied with special care)....
CopyPublished | Supreme Court of Florida | 1975 Fla. LEXIS 3295
found guilty of loitering, in violation of Section
856.021, Florida Statutes. He was sentenced to time
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 10461, 41 Fla. L. Weekly Fed. D 1574
...alarm” and that there was
no reasonable explanation for Acevedo’s behavior. The trial court concluded that
Acevedo had willfully and substantially violated his probation by committing the crime of
loitering and prowling.
Section 856.021, Florida Statutes (2014), provides:
(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 circumst...
...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
2 § 856.021, Fla....
...provide law enforcement with a tool to prevent crime by providing “a specific means to
eliminate a situation which a reasonable man would believe could cause a breach of the
peace or a criminal threat to persons or property.” Id. at 110.
The elements of section 856.021 render it a “forward-looking” statute....
...Even if we
were to accept the State’s argument that Madge and Ellis wrongly concluded that a law
enforcement officer must contemporaneously observe the alleged suspicious conduct,
we believe the State’s evidence was still insufficient. As the Florida Supreme Court stated
in Ecker, the purpose of section 856.021 is to provide law enforcement officers with a
specific means to “eliminate a situation which a reasonable man would believe could
cause a breach of the peace or a criminal threat to persons or property.” 311 So....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 7315, 20 Fla. L. Weekly Fed. D 1586
A loitering and prowling conviction under section
856.021 requires proof that the defendant was loitering
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9534
...cer’s testimony that at least two of the juveniles were standing up against the wall in the shadows at 10:13 at night. And I do feel that the officer did have reasonable or well-founded suspicion to believe that criminal activity may be underfoot. Section 856.021, Florida Statutes, makes it illegal “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 *646 alarm or immediate...
CopyPublished | Supreme Court of Florida | 1975 Fla. LEXIS 3635
OVERTON, Justice. This is an appeal by the State from an order of the County Court for Orange County granting the defendant’s motion to dismiss on the basis that the Florida loitering statute, Section 856.021, Florida Statutes, is unconstitutional....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 16, 2024
...which listed his home county as 30 minutes from the residential
area.
Based upon both the complainant’s report and officers’ ob-
servations, Exantus arrested Gonzalez for loitering and prowling
under Florida Statute § 856.021, a misdemeanor....
...ess arrest for a misde-
meanor unless committed in an officer’s presence. Gonzalez al-
leged that because the officers only observed him walking down a
street, the warrantless arrest for loitering and prowling under
§ 856.021 was unlawful and the subsequent search invalid.
The district court denied Gonzalez’s motion to suppress
from the bench, finding that the officers had probable cause to be-
lieve Gonzalez committed the misdemeanor offense of loitering
and prowling. Notably, the court stated that the officers may take
the complainant’s observation to match Gonzalez’s description for
arrest purposes under § 856.021....
...ence requirement for all warrantless misdemeanor arrests.
B. Probable Cause for Arrest
With this conclusion in mind, we turn to an analysis of the
officers’ probable cause for arrest under Florida Statute § 856.021.
Our question is whether, under the totality of the circumstances,
“a reasonable officer could conclude ....
...13 of 23
23-10578 Opinion of the Court 13
dissection of the factors supporting probable cause.” Wesby,
583
U.S. at 60 (internal quotation marks omitted).
Section
856.021 criminalizes loitering and prowling as a mis-
demeanor offense....
...not usual for law-abiding individuals, [2] under circumstances that
warrant a justifiable and reasonable alarm or immediate concern
for the safety of persons or property in the vicinity.’” Id. at 106
(quoting Fla. Stat. § 856.021(1))....
...As to the second element, justifiable
alarm is warranted by conduct that “amount[s] to an imminent
breach of the peace or an imminent threat to public safety.” Id. at
152. Unless impracticable, the officer must provide an opportunity
for the person to dispel the alarm. Fla. Stat. § 856.021(2).
5 Section 856.021 was patterned after the Model Penal Code and enacted in
response to Papachristou v....
...antial chance”
Gonzalez prowled in a manner not usual for law-abiding citizens,
and in doing so, raised reasonable alarm for the safety of persons
or property in the vicinity. Washington, 25 F.4th at 902; Fla. Stat.
§ 856.021(1)....
...When Gonzalez failed to dispel the officers’ alarm
with his identification and explanations, it is difficult to say that the
officers couldn’t reasonably conclude there was probable cause un-
der the prowling statute. Fla. Stat. § 856.021(2).
Arguments to the contrary prove unavailing....
...Conclusion
We hold that there is no in-the-presence requirement for
warrantless misdemeanor arrests under the Fourth Amendment.
Without such a requirement, the officers had probable cause to ar-
rest Gonzalez for loitering and prowling under §
856.021. We
therefore affirm the district court’s judgment.
AFFIRMED.
7 Because we find probable cause for arrest under Florida Statute §
856.021, we
decline the government’s invitation to address alternative grounds under Flor-
ida Statute §
810.09....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 8223
...s for some four hours into the late evening to the extent that two such patrons feel the need for management to escort them to their cars, and management itself is finally forced to put in an emergency call to the police to remedy the situation. See § 856.021, Fla. Stat.; State v. Ecker. Moreover, among the statutory factors that may be considered are flight at the approach of a law enforcement officer and refusal of the suspect to identify, both factors present in this case. See § 856.021(2), Fla....
...State,
450 So.2d 336 (Fla. 5th DCA 1984). AFFIRMED. COBB, W. SHARP, GOSHORN, HARRIS, PETERSON and ANTOON, JJ., concur. GRIFFIN, C. J., dissents with opinion. THOMPSON, J., dissents with opinion, with which GRIFFIN, C. J., and DAUKSCH, J., concur. ' . §
856.021, Fla....
CopyPublished | Florida 4th District Court of Appeal
...individuals. Defendant had briefly lived in his wife’s unit, but as the
1 We recognize that section
877.03, the disorderly conduct statute, does not
formally require consideration of the “time, place, and manner” of the act(s) at
issue, unlike section
856.021(1), Florida Statutes (2023), the loitering or prowling
statute, which states “[i]t 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.” §
856.021(1), Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal
...Appellant argues that the trial court erroneously found that he violated
probation in seven consolidated cases by committing a new law violation:
loitering or prowling. We agree and reverse.
In April 2016, appellant was charged by petition with loitering or
prowling under section 856.021, Florida Statutes (2016)....
...usual for law-abiding individuals,’ and (2) the loitering was under
‘circumstances that warrant a justifiable and reasonable alarm or
immediate concern for the safety of persons or property in the vicinity.’ ”
E.F. v. State,
110 So. 3d 101, 104 (Fla. 4th DCA 2013) (quoting §
856.021,
Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 129, 1989 Fla. App. LEXIS 44
...They told the officer they had gotten lost on their way home. A pat-down search of appellant produced a wrench and a pair of bolt cutters was found on his friend. The officer arrested them for loitering and prowling and possession of burglary tools. Conviction under section 856.021, Florida Statutes (1987) requires proof that: (1) the defendant was loitering or prowling in a place, at a time, or in a manner unusual for a law-abiding individual under (2) circumstances that warrant a justifiable and reasonable alarm or concern for the safety of persons or property in the vicinity....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15163
...he Juvenile Division of the Dade County Circuit Court. The juvenile was adjudicated delinquent as charged and appeals. The controlling issue presented for review is whether it is essential to a successful prosecution for loitering and prowling under Section 856.021, Florida Statutes (1975),-for the state to establish that (a) the police prior to any arrest for the offense charged gave the accused an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by reques...
...plain his presence and conduct, or (b) there were circumstances which made it impracticable for the police to give the accused such an opportunity. We hold that such a showing is essential to a successful prosecution for loitering and prowling under Section 856.021, Florida Statutes (1975)....
...The trial court adjudicated the juvenile delinquent as charged and placed him under the supervision of the Florida Division of Youth Services. The trial court thereafter denied the juvenile’s motion for a new trial, which denial is assigned as error and represents the sole point on appeal before this court. Section 856.021, Florida Statutes (1975), the statute under which the juvenile herein was charged and adjudicated delinquent, states the controlling law: “(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 550, 1990 WL 6497
...The defendant pled nolo contendere on the possession charges expressly reserving the right to appeal the denial of his motion to suppress. He was found guilty of possession of cocaine and sentenced to 2 and ½ years in prison. To establish a loitering and prowling violation under Section 856.021, Florida Statutes (1987), there must be sufficient proba-, ble cause to believe both that: “(1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; [and] (2) such loitering...
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 276, 1989 Fla. App. LEXIS 294, 1989 WL 4301
...She had been convicted of keeping a house of ill fame in violation of section 796.01, Florida Statutes (1985). She pled nolo contendere to the probation violation, which was based on four violations of various conditions of her probation, and violation of section 856.021 (the loitering and prowling statute). The Affidavit of Violation of Probation incorrectly referred to section 856.021 as “Loitering for the Purpose of Prostitution.” Her guidelines sentence was any non-state prison sanction....
...However, in this case, the “loitering or prowling” offense 1 no longer mentions “night walkers” or “prostitutes.” Thus, it cannot be said the two crimes—“keeping a house of ill fame” and “loitering”—are related. Further, “loitering” is an extremely vague and subjective crime as defined in section 856.021....
...ficient to justify the imposition of a departure sentence. Accordingly, we vacate the sentence and reverse for resentencing within the one cell bump-up bracket permitted by rule 3.701.-d.14. VACATE SENTENCE; REMAND. COWART and DANIEL, JJ., concur. . Section 856.021 reads .as follows: 856.021 Loitering or prowling; penalty.— (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....
CopyPublished | Supreme Court of Florida | 1985 Fla. LEXIS 3183, 10 Fla. L. Weekly 84
...3d DCA 1984), which the district court has certified as one which passes upon a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The certified question concerns the continued validity of Florida’s loitering and prowling statute, section
856.021, Florida Statutes (1981), after Kolender v. Lawson,
461 U.S. 352 ,
103 S.Ct. 1855 ,
75 L.Ed.2d 903 (1983), which held California’s loitering statute unconstitutional on vagueness grounds. In Watts v. State,
463 So.2d 205 (Fla.1985), we addressed this issue and found that section
856.021, as construed in State v....
...Ecker,
311 So.2d 104 (Fla.), cert. denied,
423 U.S. 1019 ,
96 S.Ct. 455 ,
46 L.Ed.2d 391 (1975), did not suffer from the vagueness problems present in the California loitering statute. For the reasons set out in Watts we answer the certified question by holding that section
856.021 remains valid and constitutional even after Kolender ....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 144
CASANUEVA, Judge. B.A.O. appeals an order withholding adjudication but finding he had committed the delinquent act of loitering and prowling under section 856.021, Florida Statutes (2003)....
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 47516
...Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Judge. B.A.O. appeals an order withholding adjudication but finding he had committed the delinquent act of loitering and prowling under section 856.021, Florida Statutes (2003)....
CopyPublished | Florida 3rd District Court of Appeal
...11
After R.A. tried to flee, the officer then justifiably detained her both as
a reasonable extension of the community caretaking function4 and for
reasonable suspicion of committing the offense of loitering or prowling, 5 as
defined in section 856.021, Florida Statutes:
(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...
...explanation given by the person is true and, if believed by the
officer at the time, would have dispelled the alarm or immediate
concern.
(emphasis added); see also McClamma v. State,
138 So. 3d 578, 585–87
(Fla. 2d DCA 2014) (explaining elements and function of section
856.021,
including how “the harm to be prevented by this offense is not the possible
harm to person or property,” but rather “the alarm to the observer,” so that
“prior to the arrest, the officer is not actually determining wheth...
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1805
...sweep [that] allows policemen, prosecu *984 tors, and juries to pursue their personal predilections.” [Citation omitted]. Id. at 357-58,
103 S.Ct. at 1858 . We begin our analysis with a consideration of Florida’s loitering and prowling statute, section
856.021, Florida Statutes (1991), which provides in pertinent part: 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. The Florida Supreme Court considered section
856.021 in State v....
...inferences from those facts, reasonably warrant” a finding that a breach of the peace is imminent or the public safety is threatened. Id. After the United States Supreme Court issued its opinion in Kolender , the Florida Supreme Court reconsidered section 856.021 and again upheld the statute’s constitutionality....
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 18676
count. However, both loitering, a violation of section
856.021, Florida Statutes (1979), and petit theft,
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1768, 2015 WL 574010
...Among other things, Ellis argues that the trial court should have granted
his motion for judgment of acquittal as to loitering or prowling because the State failed
to present a prima facie case to support the conviction. The crime of loitering or
prowling under section 856.021(1), Florida Statutes (2012), has the following two
elements:
"(1) the defendant loitered and prowled 'in a place, at a time,
or in a manner not usual for law-abiding individuals,' and (2)
th...
CopyPublished | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 12803, 1996 WL 692160
PER CURIAM. The evidence was insufficient to support a finding that appellant violated his community *266 control by committing the offense of loitering and prowling, section 856.021, Florida Statutes (1995)....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 20372, 2005 WL 3555580
...observed her: (1) loitering and prowling in a manner not usual for law abiding individuals; and (2) loitering and prowling under circumstances that warrant concern for the safety of persons or property in the vicinity of the loitering and prowling. § 856.021(1), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 89, 1988 Fla. App. LEXIS 5774
...Since loitering and prowling is a misdemeanor, only the officer’s own observations may be considered in determining whether probable cause exists to make a warrantless arrest for loitering and prowling. Ecker; Chamson; Springfield v. State,
481 So.2d 975 (Fla. 3d DCA 1986). See §
856.021, Fla.Stat....
...use for a loitering and prowling arrest. Failure to provide identification is not an element of the charged offense, E.B. v. State,
537 So.2d 148 (Fla. 2d DCA 1989), nor is failure to explain one’s presence and conduct. Cf. Ecker at 110 ; E.B. See §
856.021, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 100, 1987 Fla. App. LEXIS 11840
MILLS, Judge. Williams appeals from convictions for attempted burglary, contrary to Sections
810.02(1) and
777.04(1), Florida Statutes (1985) and loitering and prowling, in violation of Section
856.021(1), Florida Statutes (1985)....
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 9814
PER CURIAM. T.T., a juvenile, was charged by delinquency petition with loitering and prowling in violation of section 856.021, Florida Statutes (1987)....
...moved for a judgment of acquittal which the trial court denied. The court found T.T. guilty of the charged offense, adjudicated him delinquent, and committed him to H.R.S. for sixty days. In order to sustain a conviction for loitering and prowling under section 856.021, Florida Statutes, there must be proof beyond a reasonable doubt that: “the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals [and] such loitering and prowling were under circu...
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 19176
...g over by [a cemetery] wall, by the bushes, crouched down by the bushes” near several vehicles visiting the cemetery at two o’clock on Christmas Day afternoon, 1 was insufficient to establish the elements of loitering and prowling as required by section 856.021, Florida Statutes (2001)....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 13229, 1996 WL 729753
...State,
646 So.2d 213 (Fla. 5th DCA 1994); Ch. 95-189, § 1, Laws of Fla. AFFIRMED in part; REMANDED for Correction of Probation Order. HARRIS and GOSHORN, JJ., concur. . §
810.06, Fla. Stat. . §
893.03, Fla. Stat. . §
893.13, Fla. Stat. . §
893.145, Fla. Stat. . §
856.021, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 19251
...owling in a manner not usual for law-abiding citizens, and (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property located in the vicinity. § 856.021, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19099, 2010 WL 5093189
...The trial court denied the motion. “In reviewing an order on a motion to suppress, an appellate court should defer to the trial court’s factual findings but review de novo the application of the law to the facts.” Dixon v. State,
36 So.3d 920, 923 (Fla. 4th DCA 2010). Section
856.021, Florida Statutes, provides, in relevant part: (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 reasona...
...rest 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. § 856.021, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 9 Fla. L. Weekly 1730, 1984 Fla. App. LEXIS 14569
PER CURIAM. This is an appeal from an adjudication of delinquency based on loitering and prowling. § 856.021, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8883
...He contends the evidence was insufficient to support the finding of guilt and the trial court therefore erred in denying his motion for judgment of acquittal. We agree and reverse. At the trial on the amended petition of delinquency charging R.D.W. with violating section 856.021, Florida Statutes (1993), the state adduced the following evidence....
...the state’s case. It withheld adjudication and ordered R.D.W. to enter and successfully complete the Juvenile Alternative Services Program and perform twenty-five hours of work and several other specified tasks. R.D.W. then filed a timely appeal. Section 856.021(1) provides that: *1194 [i]t 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....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8198, 1991 WL 161735
...With the dog in pursuit, the appellant ran toward the street, where the dog knocked him down. The appellant struck his head and was rendered unconscious. Billington approached the appellant, handcuffed him, revived him with an ammonia capsule, and then arrested him for loitering and prowling, a misdemeanor. § 856.021, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12499, 2011 WL 3477073
...appeals a withheld adjudication of delinquency after being found guilty of loitering and prowling. He claims the trial court erred in denying his motion for judgment of dismissal. We reverse, holding that A.M.O.’s conviction cannot stand based on the application of the last sentence of section 856.021(2), Florida Statutes (2009)....
...After reading them Miranda warnings, they told Gibbons that the masks had been for Halloween. Since it had been three weeks since Halloween, their explanation did not dispel Gibbons’s alarm and he placed them into custody. When the State rested, A.M.O. moved for a judgment of dismissal, arguing that according to section 856.021(2), Florida Statutes, the detective was required to ask A.M.O....
...rds, you start to sweat and it soaks up the sweat from being in your eyes.” A.M.O. renewed his motion for judgment of dismissal, again arguing that A.M.O. was not asked to identify himself, only why he was wearing the mask on his head, contrary to section 856.021(2)....
...The trial judge denied the renewed judgment of dismissal, and later found A.M.O. guilty, stating, “You weren’t charged with a robbery. I don’t think you were trying to rob somebody, but I find you guilty of loitering and prowling at that station. You are guilty.” (emphasis added). Section 856.021 provides: 856.021....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3746, 1998 WL 166229
...sponded to the scene. When he arrived Wilkinson saw a vehicle pull out of the parking lot without the headlights on. He stopped the vehicle, which was operated by R.S. with one passenger. Wilkinson arrested R.S. for loitering or prowling pursuant to section 856.021, Florida Statutes (1995) and the latter was subsequently convicted in juvenile court....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4170
CASANUEVA, Judge. R.M. appeals his conviction for loitering and prowling in violation of section 856.021, Florida Statutes (1997), and contends that the trial court erred in failing to grant his motion for judgment of acquittal....
CopyPublished | District Court of Appeal of Florida
during his investigatory stop pursuant to section
856.021(2), Florida Statutes, which required him to
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5879
safety of persons or property in the vicinity. §
856.021, Fla. Stat. (2007). G.M. and the others were observed
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 4031
...the charge of loitering and prowling. We find that there was insufficient evidence to support this finding and, accordingly, reverse. A petition of delinquency was filed against the appellant charging him with loitering and prowling, in violation of section 856.021, Florida Statutes (1993)....
...s fees were imposed. The appellant filed a timely notice of appeal. The appellant contends that there was insufficient evidence to find him guilty of loitering and prowling. We agree. In order to sustain a conviction for loitering and prowling under section 856.021, there must be proof that: (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law abiding individuals; and (2) such loitering and prowling were under circumstances that warranted a justifiable an...
CopyPublished | Florida 3rd District Court of Appeal
...Dominguez, Assistant
Attorney General, for appellee.
Before ROTHENBERG, C.J., and FERNANDEZ, and LUCK, JJ.
FERNANDEZ, J.
I.G. appeals the trial court’s order withholding adjudication of delinquency
and placing I.G. on probation for loitering and prowling, under sections
856.021
and
777.011, Florida Statutes (2016)....
...Officer Guerrero
further testified that the area is known for a lot of motor vehicle burglaries and that
I.G. was 14 years old at the time he was arrested. I.G. was then arrested and
charged with loitering or prowling for his actions of looking into parked vehicles
and pulling on door handles in violation of sections
856.021 and
777.011, Florida
Statutes (2016).
After the adjudicatory hearing, the trial court found I.G....
...delinquent,
withheld adjudication, and sentenced him to probation. I.G. then appealed.
3
I.G. argues that Detective Mata and his partner arrested him without first
inquiring as to his identity or asking what he was doing, as required by section
856.021....
...m the
evidence.” A.P.R. v. State,
894 So. 2d 282, 285 (Fla. 5th DCA 2005) (citations
omitted). In addition, “[A]ll reasonable inferences that may be drawn from such
evidence must be viewed in a light most favorable to the state.” Id.
Section
856.021 provides, in pertinent part, the following:
(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.” §
856.021, Fla....
...was not under arrest when the detectives
approached him. I.G. was detained after he was observed looking into cars and
pulling on door handles so the officers could inquire about this suspicious activity.
As such, Detective Mata’s actions were consistent with the purpose and intent of
section 856.021....
CopyPublished | Florida 3rd District Court of Appeal
FERNANDEZ, J. I.G. appeals the trial court's order withholding adjudication of delinquency and placing I.G. on probation for loitering and prowling, under sections
856.021 and
777.011, Florida Statutes (2016)....
...Officer Guerrero further testified that the area is known for a lot of motor vehicle burglaries and that I.G. was 14 years old at the time he was arrested. I.G. was then arrested and charged with loitering or prowling for his actions of looking into parked vehicles and pulling on door handles in violation of sections
856.021 and
777.011, Florida Statutes (2016)....
...After the adjudicatory hearing, the trial court found I.G. delinquent, withheld adjudication, and sentenced him to probation. I.G. then appealed. I.G. argues that Detective Mata and his partner arrested him without first inquiring as to his identity or asking what he was doing, as required by section 856.021....
...nably infer from the evidence." A.P.R. v. State ,
894 So.2d 282 , 285 (Fla. 5th DCA 2005) (citations omitted). In addition, "[A]ll reasonable inferences that may be drawn from such evidence must be viewed in a light most favorable to the state." Id. Section
856.021 provides, in pertinent part, the following: (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." §
856.021, Fla....
...was not under arrest when the detectives approached him. I.G. was detained after he was observed looking into cars and pulling on door handles so the officers could inquire about this suspicious activity. As *900 such, Detective Mata's actions were consistent with the purpose and intent of section 856.021....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 1316545
...ime, or in a manner not usual for law-abiding individuals, and (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. See § 856.021(1), Fla....
...See generally Ecker,
311 So.2d at 110 (explaining that failure to explain presence is not an element of the crime but rather a defense; holding that requiring defendant to "explain his presence and conduct" is constitutionally prohibited). III. CONCLUSION Because neither element necessary to establish a crime under section
856.021(1), Florida Statutes, was satisfied, we conclude that A.L.'s actions in the instant case do not amount to evidence sufficient to sustain his conviction for loitering and prowling....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12729
SCHWARTZ, Chief Judge. We agree with Watts v. State,
447 So.2d 271 (Fla. 2d DCA 1983) that the constitutionality of the Florida loitering and prowling statute, Section
856.021, Florida Statutes (1981), as upheld in State v....
...1855 ,
75 L.Ed.2d 903 (1983). The trial court held otherwise and the order under review is therefore reversed. This decision is certified to the Supreme Court of Florida as one which passes upon a question of great public importance as to the continued validity of Section
856.021, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 3537, 1992 WL 63103
...he consent of his probation officer and trespassing upon the grounds or facilities of a public school in violation of section 228.091, Florida Statutes (1989). However, we hold that ground number three, unlawful loitering or prowling in violation of section 856.021, Florida Statutes (1989), was not adequately proven....
