Crimes for Loitering and Prowling
Section 856.021, Florida Statutes, makes it unlawful for anyone to “loiter and prowl” in a manner, at a time, or in a place, or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of property or persons in the area.
The crime of prowling and loitering is charged as a second-degree misdemeanor, which is punishable by up to sixty (60) days in jail or a $500 fine. In Hillsborough County, the Clerk of Court at the courthouse in Tampa, FL, will list the crime on the docket as follows:
“856.021-MISC0019 (MS) LOITERING OR PROWLING – SECOND DEGREE MISDEMEANOR.”
Attorney for Loitering or Prowling Charges in Tampa, FL
If you were charged with the misdemeanor offense of loitering or prowling in Florida, contact an experienced criminal defense attorney at Sammis Law Firm.
Visit our main office in downtown Tampa serving Hillsborough County. We have additional offices in Clearwater in Pinellas County and New Port Richey in Pasco County, FL.
Contact us to discuss the charges pending against you, the facts of the case, and the best defenses to win the case on the merits. Call 813-250-0500.
Information Center
- Elements of Loitering and Prowling Charges
- Case Law on Loitering or Prowling Charges in Florida
- Frequently Asked Questions
- Additional Resources
Elements of Loitering and Prowling Charges
For the prosecutor with the State Attorney’s Office to prove the offense of Loitering or Prowling at trial, the following three elements must be proven beyond all reasonable doubt:
- The defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; and
- The defendant’s behavior in loitering or prowling occurred under circumstances that warranted:
- justifiable and reasonable alarm; or
- immediate concern for the safety of persons or property in the accused’s vicinity.
Those elements are explained in Florida’s Standard Jury Instruction for crimes charged under Fla. Std. Jury Instr. (Crim) 29.7.
For purposes of Florida’s statute prohibiting prowling or loitering, the term “alarm” or “immediate concern” has been defined to take into account whether the defendant did any of the following actions:
- attempted to conceal himself or herself or any object he or she was carrying;
- refused to identify himself or herself;
- took flight upon seeing the police arrive.
Case Law on Loitering or Prowling Charges in Florida
Defenses to the charge include a showing that the officers illegally detained the defendant and that all evidence that resulted from the illegal detention should be suppressed.
For an arrest on the charge, the investigating officer must have more than a vague suspicion about the accused’s presence. Hunter v. State, 32 So. 3d 170 (Fla. 4th DCA 2010).
In State v. Ecker, 311 So. 2d 104, 107-10 (Fla. 1975), the court found that idleness or vagrancy would not empower the police to detain citizens to explain their unusual presence or status.
In S.J. v. State, 50 So. 3d 102, 104 (Fla. 4th DCA 2010), the court determined that if the defendant took flight or concealed himself or an object he or she was carrying, then these actions would create a rebuttable presumption that the officer’s sense of “alarm” or “concern” was justified.
Frequently Asked Questions
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What is loitering or prowling under Florida law?
Under Section 856.021, Florida Statutes, loitering or prowling occurs when someone remains in a place, at a time, or in a manner not typical for law-abiding individuals under circumstances that create reasonable alarm for the safety of people or property. The law is intended to prevent suspicious behavior that suggests a potential crime may occur. It does not apply simply because someone is standing or walking in a public place.
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Is loitering or prowling a serious crime in Florida?
Loitering or prowling is charged as a second-degree misdemeanor in Florida. A conviction can result in up to 60 days in jail, a $500 fine, or both. Although it is a misdemeanor, a conviction can still create a criminal record.
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What must prosecutors prove in a loitering or prowling case?
To obtain a conviction, the prosecutor must prove that the defendant was in a place, at a time, or behaving in a way that was unusual for law-abiding individuals. They must also show the circumstances created a reasonable alarm or immediate concern for the safety of people or property. Both elements must be proven beyond a reasonable doubt.
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What behavior might create “alarm” for purposes of the statute?
Courts consider factors such as whether a person attempted to hide, refused to identify themselves, or fled when police arrived. These actions can support an officer’s belief that criminal activity may be occurring. However, these factors alone do not automatically prove guilt.
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Can police arrest someone for loitering or prowling without a warrant?
Because it is a misdemeanor, the crime must occur in the officer’s presence for a warrantless arrest to be valid. If officers did not observe all elements of the offense themselves, the arrest may be unlawful. Evidence obtained after an illegal arrest may be suppressed.
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Can police stop someone simply for looking suspicious?
No. Courts have ruled that officers must have more than a vague suspicion about a person’s presence. Simply being in an unusual place or appearing idle is not enough to justify a detention or arrest.
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What defenses are available for loitering or prowling charges?
Common defenses include showing the police illegally detained or arrested the person without sufficient evidence. Other defenses may focus on the lack of reasonable alarm or proving the defendant had a lawful reason for being at the location. If officers violated constitutional rights, the case may be dismissed.
Additional Resources
A Loitering and Prowling Primer – Visit the website of the Florida Bar to find a scholarly legal article on the crime of loitering and prowling under Florida Statute Section 856.021. The loitering and prowling primer by Joseph D. Robinson was published in November 1997 in Vol. 71, No. 10, on page 60. The article explains the elements of the offense, challenges on constitutional grounds, and common factual scenarios. The article explains how the statute is “poorly worded,” and the cases interpreting it are “somewhat comprehensible.”
Finding a Criminal Defense Attorney for Loitering and Prowling Charges in Tampa, FL
If you or a loved one has been arrested for loitering or prowling in Tampa or the surrounding areas, it is important to take the charge seriously. Even though the offense is a misdemeanor, a conviction can result in jail time, fines, and a permanent criminal record that may affect employment, housing, and educational opportunities.
The attorneys at Sammis Law Firm defend individuals accused of loitering or prowling and other misdemeanor offenses throughout the Tampa Bay area. We carefully examine whether law enforcement had legal grounds for the stop, detention, or arrest, and we challenge any evidence obtained in violation of your rights.
With offices in Tampa, Clearwater, and New Port Richey, we represent clients throughout Hillsborough, Pasco, Pinellas, and surrounding counties. Our legal team understands the defenses that can lead to reduced charges or dismissal.
Call 813-250-0500 today to schedule a consultation with an experienced Florida criminal defense attorney.
This article was last updated on Friday, July 5, 2024.
