On Friday, February 24th, 2017 Luis was arrested for grand theft after stealing $3,986.00 worth of merchandise from a Naples, FL Victoria’s Secret.
But before Louie was arrested he was tasered…
In a mall, by a mall cop….
Okay, so it wasn’t a Paul Blart mall cop that tasered Louie; he was tasered by a Collier County, FL deputy sheriff who observed Louie walk out of the mall carrying a Hugo Boss shopping bag.
The problem: The Coastland Center Mall doesn’t have a Hugo Boss store, and this raised an articulable suspicion of criminal activity in the deputy’s mind (whether or not that suspicion was objectively reasonable is up to a judge to decide).
Anyhow, the Deputy observed Louie walking with the Hugo Boss bag and, just as soon as Louie observed the Deputy, Louie reportedly “immediately turned around and began walking the other way”. The Deputy then reportedly called out several times for Louie to stop, even asking for him to produce identification, but Louie just began to walk faster, and eventually ran away from the officer, thus confirming criminal activity in the Deputy’s mind and justifying the successful use of his taser. When the Deputy inspected the Hugo Boss shopping bag that Louie was carrying he discovered 296 stolen items valued at $3,986.00 from Victoria’s Secret inside. As for Louie, he was reportedly transported to the Naples Community Hospital where he was treated, released into police custody and he was then booked into the Collier County Jail.
Memo to the Folks: A “Stop and Frisk”, or a “Terry Stop” is codified at Florida Statute 901.151. In a nutshell this procedure give cops a mechanism to temporarily detain, and in some circumstances to even conduct a limited search (we call it an “outer garment pat down”) of objectively suspicious persons. The rule is designed to strike a reasonable balance between curbing overzealous cops from violating citizens 4th Amendment rights while also protecting society from those who present a clear and immediate danger. The requirements are simple and 3-fold: 1) A police officer must subjectively believe that a particular person is committing, is about to commit or has just committed a crime and 2) The officer must be able to articulate her/his belief and 3) The belief must be objectively reasonable (meaning the Jane or Joe Average cop, knowing what that officer knew at that time, would agree that the person in question was, at the time committing, about to commit or had just committed a crime).
Memo to the Folks continued: If this is the case (i.e. if the officer has a “reasonable and articulable suspicion”) then the cop can detain you, temporarily, and ask you questions in an effort to either confirm or dispel her/his reasonable suspicion (naturally you are free NOT to answer) and only if the officer reasonably believes that you are armed and dangerous can s/he conduct a “limited pat-down of your outer garments”. If the cop exceeds the scope of either the temporary detention or the limited pat-down then it is not a Terry Stop and it is more likely a full blown arrest (which requires the higher burden of probable cause).
Memo to the Folks continued: Please watch HaberPA’s VideoFAQ / YouTube Webisode on “What is a Terry Stop / Stop and Frisk” by clicking on the video link below. And if you like the video them PLEASE SUBSCRIBE to HaberPA’s YouTube Channel @https://www.youtube.com/c/michaelhaberlaw . We presently have 144 Criminal Defense, DUI & BUI related VideoFAQs / Webisodes and there are another 40 that have been filmed and are currently in production.
Memo to Luis Padin: I suspect that your lawyer will attack the stop / use of force on 4th Amendment grounds but your fleeing will not be a helpful fact. As I have said to many a client, potential client, AVVO “Asker” and folks in general: When it comes to running from the Popo, the bottom line is that you can liken it to lying about having done something that you weren’t supposed to do (i.e. the cover-up, a/k/a the the lie, or the fleeing, is almost always going to make things significantly worse than the underlying act).
When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
At Michael A. Haber, P.A. "it's all about reasonable doubt"!
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
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Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
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