Florida Law: Loitering and Prowling

Loitering and Prowling under F.S.§856.021

• It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warrant justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

Circumstances Warranting Alarm or Immediate Concern

• The person takes flight upon appearance of a law enforcement officer.
• Refuses to identify himself.
• Manifestly endeavors to conceal himself or any object.

Officer's Procedure Before Arrest

• Unless flight or other circumstances make it impracticable, a law enforcement officer must afford the person an opportunity to dispel any alarm or immediate concern before making an arrest.
• The officer must request that the person identify himself and explain his presence and conduct.

Fifth Amendment Rights

• A law enforcement officer must give the person his or her Fifth Amendment rights before affording the person the opportunity to dispel any alarm.

Conviction Requirements

• No person shall be convicted of an offense under this section if the law enforcement officer did not comply with the procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

Constitutionality of F.S.§856.021

• The statute has been held to be constitutional (Watts v. State, 463 So.2d 205 (Fla. 1985)).
• However, it must be applied with special care (Carroll v. State, 573 So.2d 148 (Fla. 2d DCA 1991)).

Requirements for a Legal Arrest

• All elements of the misdemeanor offense of loitering and prowling must occur in the presence of the arresting officer for the arrest to constitute a legal arrest.

Case Law Examples

• Riding a bicycle in the early afternoon on a public road while carrying a bag does not constitute loitering and prowling (Carter v. State, 516 So.2d 312 (Fla. 3d DCA 1987)).
• Standing in a commercial shopping center at 11:30 p.m. and pulling on business's rear door handles to see if door would open constitutes loitering and prowling (M.R. v. State, 101 So. 3d 389 (Fla. 3d DCA 2012)).
• Standing, smoking, and talking to another man in the rear corner of a bar parking lot at 11:30 p.m. is insufficient reasonable cause for a stop (Barna v. State, 636 So.2d 571 (Fla. 4th DCA 1994)).
• Lurking in the dark by residences in the wee hours of the morning is unusual for law-abiding persons and constitutes loitering and prowling (Battle v. State, 868 So.2d 587 (Fla. 4th DCA 2004)).