Legal Question in Criminal Law in Florida

tresspassing

i have searched all through the web for info on tresspassing can you plese tell me what the laws are for this in florida. are there certain guidelines an officer has to follow before making an arrest? if you can not directly answer this can you refer me to a web site where i can obtain information. i have looked up several statues but still need more info. thank you.


Asked on 7/17/02, 10:42 pm

1 Answer from Attorneys

Dan Akes C. Daniel Akes, Attorney at Law

Re: tresspassing

Florida Statutes are available online at:

http://www.leg.state.fl.us/Statutes/

You can find the whole trespass section in Chapter 800. Some forms of trespass are misdemeanors and some are felonies:

As a general rule, a law enforcement officer can arrest without a warrant for a misdemeanor only when it is committed in his presence. Trespass on school grounds, you will see in the entire statute, is an exception, and an officer can make such an arrest wthout a warrant, but common misdemeanor trespass is not, and a warrant is required. An officer can arrest for a felony if he has probable cause to believe that a crime has been committed and that the person arrested has committed the crime.

Dan

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Answered on 7/18/02, 10:55 pm


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