The most common examples of this would be vacant lots, roads, or alleys. As always, local laws could vary in how they define what constitutes loitering by a minor. Violations could result in a small fine. Additionally, the parents of the minor could be found liable, if they knowingly allow their child to loiter illegally. City ordinances that address loitering by minors claim to protect minors from dangers such as exposure to high-crime areas.
It is important to note that the way in which these ordinances are enforced is generally racist. Such laws often heavily overlap with gang loitering ordinances.
A gang loitering ordinance is a specific type of gang injunction. Such injunctions are aimed at preventing gang members from congregating or loitering in designated areas. Generally speaking, gang ordinances are instituted in areas with high crime rates as an attempt to curb the level of illegal activities in the city. If a city gang loitering ordinance is in effect, the local police have the authority to order a group of people to disperse from the public place.
This remains true even if they have not yet engaged in any particular illegal activity. Furthermore, the police usually need only the minimum amount of suspicion or reasonable belief that the loiterers are members of a particular gang, which they have identified beforehand.
Police often make an arrest based on the injunction if they feel it is necessary. Additionally, once an arrest is made, the arresting officers may then conduct a search incident to a lawful arrest. This means that the police would be able to search the arrested person for illegal items, such as drugs.
There are many benefits to hiring a lawyer for help with loitering charges. An experienced and local criminal lawyer can help you determine whether there are any legal defenses available to you based on the specifics of your case.
If you were unjustly harassed or falsely arrested for the misdemeanor crime of loitering, a criminal defense attorney will be invaluable. Such cases could lead to a lawsuit in which you may be compensated for any injuries you may have suffered during the arrest.
An experienced attorney can help you gather evidence to support your claim and protect your legal rights. Finally, an attorney can also represent you in court as needed. Travis Peeler. Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality.
In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.
Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Challenges citing vagueness are usually based on the due process clause of the Fifth and Fourteenth Amendments, while challenges concerning the overly broad language of the laws are usually based on First Amendment concerns. Unlike vagrancy laws that are aimed at individuals who live on the streets, have no visible means of support, and may beg for money from passers-by, loitering laws do not define a loiterer other than by mere presence and the lack of any discernible intent.
As they increased, so did the crime rate. Unlike most of the offenses under the economically motivated Poor Laws, vagrancy was a criminal offense. Historically, U. Although the laws may have been intended to address prostitution, gang activities, and drug dealing , police have been accused of also using loitering laws to arrest loafers, pilferers, and the homeless; thus such laws are laid open to charges of vagueness and overbreadth.
And it may be declared unconstitutional due to overbreadth of intent and application if it prohibits activities unprotected by the Constitution but might also be used to prohibit constitutionally protected activities.
The first significant challenge to general loitering laws was Papachristou v. City of Jacksonville Supreme Court declared in a decision written by William O.
The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Contact St. Contact Us Now. Firm Practice Areas. Jacksonville Criminal Defense Lawyers. Criminal Offenses. Loitering or Prowling. Loitering or Prowling is defined in Florida Statute Section To prove Loitering or Prowling, the State must prove that the person loitered or prowled in a place, at a time, or in a manner that isn't usual for individuals who are engaged in law abiding conduct and the State must prove that the circumstances warrant justifiable and reasonable alarm or immediate concern of the safety of property or people within the area.
What circumstances would cause alarm or immediate concern? Can a police officer arrest me for Loitering or Prowling just because I'm somewhere they think is unusual?
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