Interesting Facts Discovered During the Complaint Process:
A Police Officer Has the Authority to Order You to Leave a Property
According to Florida State Statute 810.09:
“A person who remains on any property as to which notice is given, either by actual communication to the offender or by posting, fencing or cultivation, commits the offense of trespass on property.”
More clearly stated, if you are on a property where you have been warned to leave or that has a sign posted for “no trespassing,” a police officer has the authority to eject you from the property.
The Statute authorizes “any law enforcement officer whose department has received written authorization from the property owner, or his or her agent, to communicate an order to leave the property in the case of a threat to public safety or welfare.” It is the police officer who determines whether there is a threat to public safety.
You May Not Have to Answer a Police Officer's Questions
However, to help avoid any confrontations, it is always advisable to comply with an officer's questions.
In a "consensual encounter" (a non investigatory interaction in which you are not detained and are free to leave at anytime), a police officer has the right to approach you in public and ask questions without a reason to believe you are involved in criminal activity. You may either comply with a police officer's request or choose to ignore it. In fact, you are not obligated to give your correct identity to an officer unless you are legally detained. If you refuse to give your name or answer questions, the encounter must end.
However, the U.S. Supreme Court case Illinois v. Wardlow held that an individual's flight at the sight of police provided officers with "reasonable suspicion" (the belief that criminal activity has, is or is about to be engaged in) for an investigatory stop.
However, the U.S. Supreme Court held that subjects who are lawfully being detained (a "Terry" Stop - a stop and limited search of a person, justified by "reasonable suspicion" that a crime is in progress or imminent) must give their names to police and if they refuse, they can be arrested.
An Officer Has the Authority to Order You to Remain in Your Vehicle
When an officer making a traffic stop tells you to stay in your vehicle, the officer is complying with departmental policy (MDPD Departmental Manual Chapter 28-01, Sec 2 III D 8& 9). Also, Florida State Statute 316.072(3)requires the driver and passenger to obey the lawful order of a police officer.
You Can Impact an Officer's Response towards You
Your actions can impact an officer's response toward you. For instance, keeping your hands visible, whether or not commanded to do so, reduces officers' concerns for their personal safety and allows them to focus on the purpose for engaging you.
If you treat an officer with courtesy and respect, even if you feel they are being rude, more often than not, you will be treated with courtesy and respect.
Answering questions by an officer truthfully will remove suspicion and will help make the encounter run smoothly.
A Promise to Appear (PTA) is an Arrest
A Promise to Appear (PTA) is an Arrest Affidavit which the accused violator has signed promising to appear in court. The signed PTA is an arrest document which replaces a physical arrest and allows the person to be released from the scene. Even though a person is not ohysically placed in handcuffs and taken to jail, a PTA appears as an arrest on his/her record.
Promises to appear may be issued by arresting officers when the offense involved is a misdemeanor or ordinance violation. By definition, a promise to appear is "a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time." - Florida Rule of Criminal Procedure 3.125.
Any Dog without a Tag is Ruled a Stray
Animals Services identifies a roaming dog without a tag as a "stray," even though the dog may be a loved and well-cared for pet. The dog wearing a tag can be identified and returned to its owner. County Code requires all dogs to wear visible current tags. It is in the best interest of the dog and the owner for the dog to wear a tag. |