Tresspassing

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Who can act as an authorized person on private property according to the departmental standards directive?

Any law enforcement officer (LEO)

What is the purpose of the departmental standards directive?

To establish guidelines for enforcing trespass provisions

According to the departmental standards directive, who is considered a person authorized to communicate an order to depart the property?

Any owner or lessee

What is the definition of a transient occupant according to the Florida State Statutes?

Any person residing in a dwelling intended for residential use

Which entity can facilitate the removal of trespassers from various types of property as per the policy stated in the departmental standards directive?

Law enforcement officers only

What is the significance of dominion and control over real property according to the departmental standards directive?

It indicates ownership of the property

Who can issue a Trespass Warning?

The property owner, lessee, or agent thereof

Under what circumstances would a previously issued trespass warning be invalid?

If there is a new residential or commercial tenant

What should law enforcement officers do if the person to be trespassed is present when they arrive?

Advise the person that their presence is no longer welcome on the premises in their presence

What does the Trespass Warning field contact report document?

Identification information about the person being trespassed

Under what circumstances can a person be arrested for trespass after warning?

If they refuse to leave the premises after being warned

When can an LEO arrest a subject for trespassing?

When the subject has been previously warned and the warning has been confirmed

Who may place 'No Trespassing' signs on the owner’s property?

The property owner or his/her authorized representative

What must an LEO check with the Communications Center when encountering a subject who is trespassing?

To verify if the subject has an active trespass warning listing in the Computer Aided Dispatch System

When can an LEO issue a trespass warning regardless of whether a 'No Trespassing' sign is present?

When a valid trespass enforcement affidavit is on file, even if a 'No Trespassing' sign is present

What does refusing to provide identification under certain circumstances not support?

An arrest for obstructing an LEO under § 843.02

What does a Trespass Enforcement Affidavit authorize law enforcement officers to do?

To act as an agent of the property owner or lessee to enforce trespass statutes

What should the LEO do if the subject has not been previously warned?

Complete a field contact on the F12 screen using a TRW reason code and attach a trespass warning alert to the individual’s name.

Which entity should receive the original copies of the Trespass Enforcement Affidavit?

Crime Prevention Sergeant or his/her designee

What must the LEO document in notes in trespass cases?

The sign code number or the authorized individual who issued the warning.

According to Florida Statutes section 82.045, who are classified as transient occupants?

Relatives, friends, or acquaintances temporarily residing in a property

What happens if a transient occupant remains in occupancy after being directed to leave by the party entitled to possession?

They unlawfully detain residential property.

What action may a law enforcement officer take upon receipt of a sworn affidavit stating that a transient occupant is unlawfully detaining residential property?

Direct the transient occupant to leave.

What must be included in the sworn affidavit referred to in Florida Statutes section 82.045?

Facts establishing that a transient occupant is unlawfully detaining residential property and factors specified in FSS 82.045(1)(a)

Learn about the departmental standards and guidelines for enforcing trespass provisions as per the Florida State Statutes Chapter 810. Understand the policy and procedures for facilitating the removal of trespassers by law enforcement officers.

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