Supreme Court declared in a decision written by William O. Douglas that the law was simply too vague to allow the average person to discern what is prohibited and what is not.
Taking a daily walk could be considered loitering, subjecting an innocent person to arrest. The Court also found the laws to be overly broad.
While the First Amendment does not specifically mention the right to walk or loiter, it does protect a right to free speech, a right to assemble, and a right to petition the government.
Nevertheless, those revised laws are subject to the same judicial scrutiny as the previous, more generalized, loitering laws. The Court invalidated a Chicago gang loitering ordinance in City of Chicago v. Morales as unduly vague, but upheld a trespassing statute applied to nonresidents of public housing in Virginia v. This article originally published in Poulos, Peter W. Contact St. Contact Us Now. Firm Practice Areas. Jacksonville Criminal Defense Lawyers. Criminal Offenses.
Loitering or Prowling. Loitering or Prowling is defined in Florida Statute Section To prove Loitering or Prowling, the State must prove that the person loitered or prowled in a place, at a time, or in a manner that isn't usual for individuals who are engaged in law abiding conduct and the State must prove that the circumstances warrant justifiable and reasonable alarm or immediate concern of the safety of property or people within the area.
What circumstances would cause alarm or immediate concern? Can a police officer arrest me for Loitering or Prowling just because I'm somewhere they think is unusual? Fields v. State of Florida , So. Keep your parking lot free of trash, broken glass and debris. Provide adequate lighting at night and ensure all signage is in maintained and working order.
Give people adequate opportunity to properly dispose of waste. This will help cut down on litter, and will let passersby know your business is under watch. There are many recycling signs to choose from that will help reduce litter and support your effort to go green.
If graffiti is painted on your building or in your parking lot, remove it within 24 hours if possible. Walk your business grounds daily to ensure signs, light fixtures and windows are secure and not broken.
A well-maintained building lets people know you keep an eye on your property and that police will be contacted in the case of trespassing, loitering or vandalism. Unfortunately, transient individuals have no place to call home. You can do this by locking public restrooms at night, planting thorny bushes, installing dividers or arm rests on benches or by installing gates that are locked after hours.
There are also more unconventional but effective ways to reduce loitering. Many store owners have used music or annoying sounds to disperse crowds. A 7-Eleven owner in Modesto, California, for example, started blasting classical music and operas outside of his store. Loud music makes it harder for people to stand around, gossip and cause trouble. Annoying buzzing or screeching sounds can also be used. Store owners can turn these on and off as needed, which reduces the danger of them asking loiterers to leave their property.
First and foremost, to let customers and passersby know that the shop owner does not condone loitering, vandalism or trespassing, signs must be posted.
A posted sign provides the initial warning that certain acts will not be tolerated, and gives the business owner grounds to call law enforcement if a person or group of people refuses to leave the property. Shop all property signs here. Read more about: How to prevent soliciting Which solicitors to look out for after storms and natural disasters. Sources: 1.
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