(176) What is Loitering & Prowling in FL? – Michael A Haber Miami Criminal Defense DUI BUI Lawyer

April 4, 2017 / Michael A. Haber /

Thank you for asking me “What is Loitering or Prowling in FL?”

F.S. 856.021 is the Loitering and Prowling statute. In order to be found guilty the State must prove the following 2 elements:

1) That a person is in a place, at a time or in a manner, that is unusual for law-abiding citizens and 2) that person’s presence occurred under circumstances that warranted either A) a justifiable and reasonable alarm or B) immediate concern for the safety or persons or property in the vicinity (in other words, the person’s behavior must be either alarming in nature or create an imminent threat to public safety.)

To be arrested for L&P a cop must both observe suspicious conduct which is not usual for law-abiding citizens and, contemporaneously, the cop must have a justifiable and reasonable alarm, meaning either an immediate concern of imminent criminal activity or of an imminent threat to public safety and order.

While a citizen can call the cops and advise of someone that they believe to be loitering or prowling, in order for a lawful arrest to occur the cop must actually witness it and do the math for her or himself.

That said, under the statute, a cop can presume alarm where a subject flees, conceals himself or any object, or, if when asked by a cop, a subject refuses to identify himself.

A good example of L&P occurred where a cop observed a juvenile at 11:30 pm standing in a commercial shopping plaza which had no open businesses and pulling on various business’ rear door handles.

In that case the cop simultaneously observed suspicious conduct which is not usual for law-abiding citizens and had a reasonable alarm (i.e. an immediate concern of imminent criminal activity).

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

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. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement 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. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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