More loitering and prowling

MCCLAMMA v. STATE 138 So.3d 578 (2014) 2DCA

This is a great case and the court explains the application of this statute in detail. What is interesting to me is that This charge is definitely NOT a Stop and ID law in Florida. This is totally wrong on Wikipedia. My argument is that Florida doesn’t have a Stop and ID law at all. Because even in 901.151 which is the Stop and Frisk law, there is no penalty for refusing to give your ID to the leos. It is required that you give your “pedigree” information to the leo after an arrest, but during consensual and a lawful detention, you can tell the leo to pound sand.

Loitering and prowling has to be witnessed by the leo. All elements of the “crime” have to be in place before the approach of the leo to the subject. So, if I have this right, the leo witnesses the elements, goes to the subject and arrests him. Then, he asks the subject for his ID and an explanation as to what he was doing so that the explanation can alleviate his alarm. But only after reading the Miranda warning to the detainee. This statute cannot be used for a valid “Terry Stop”. Now, how many times have I watched “COPS” and how many times do they read the guy his rights before talking to him? Like never?

Another thing I never knew before is that if the leo tells you to take your hands out of your pocket, you are now detained. The reasoning is that you aren’t allowed to refuse that order, so you’re now being detained and are not free to leave. So, if you want to know if you are being detained during a police encounter, put your hand in your pocket and see how long it takes the leo to tell you to take it out.


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