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Loitering and Prowling

Posted in Case Results on January 30th, 2014

Case No: 13-XXXXXXMM10A

Facts: A Seminole Police Sergeant observed the defendant in a parking lot in Davie, Florida. The parking lot is not located within the Seminole Police Department’s jurisdiction but solely within the Town of Davie. The Seminole Sergeant contacted a Davie Police Sergeant indicating that he observed a white male looking into cars and “trying” door handles. A Davie Police officer was then contacted. Upon arrival at the parking lot, it is alleged that the officer personally observed the defendant standing between two vehicles and looking into the vehicles. After making this observation, the officer made contact and detained the defendant to conduct a loitering and prowling investigation which ultimately resulted in the arrest of the defendant.

Outcome: Mr. Sobel was hired immediately after the arrest. Mr. Sobel was able to present case law and argument to the case filer in this matter and persuade them that the detention of the defendant was illegal. Mr. Sobel was able to show that the fellow officer rule did not apply when the other officer is off-duty and out of jurisdiction. In that case, the officers observations were no difference than a regular citizen’s. The Office of the State Attorney declined to file formal charges and the case was dismissed.