R.D.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
R.D.W., a juvenile, was found guilty of loitering or prowling under Florida Statute § 856.021. The appellate court reversed, holding that the state failed to present sufficient evidence that R.D.W.'s conduct—riding bikes through parking lots and looking around—constituted loitering or prowling that warranted justifiable and reasonable alarm for public safety.
The evidence was insufficient to establish a prima facie case of guilt. R.D.W.'s actions—riding bikes through public parking lots of open stores, briefly scanning a parking lot, and departing—did not indicate that a breach of the peace was imminent or that public safety was threatened, as required by the statute.
[1] Evidence of loitering or prowling must establish circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property.
[2] Actions such as riding bicycles through public parking lots, briefly concealing bicycles, and removing jackets are insufficient to establish a prima facie case of loiteri…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is unlawful for any person to loiter or prowl in a place, at a time 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 persons or property in the vicinity.”
The statutory definition of the loitering or prowling offense under § 856.021(1)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDetective Fraley observed R.D.W. and two companions riding bikes through several grocery store parking lots on a warm August night wearing jackets. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
R.D.W., a juvenile, appeals the order finding him guilty of loitering or prowling. He contends the evidence was insufficient to support the finding of guilt and the trial court therefore erred in denying his motion for judgment of acquittal. We agree and reverse.
At the trial on the amended petition of delinquency charging R.D.W. with violating section 856.021, Florida Statutes (1993), the state adduced the following evidence. Detective Neil Fraley testified that he and his partner, who were on duty in plain clothes, were parked at the rear of a doughnut shop in an area of motels, restaurants, and stores in St. Petersburg. At about 9:20 p.m., they observed R.D.W. and two others ride by on their bikes. The trio caught the officers’ attention because they had jackets on and it was a warm August night, but Detective Fraley could not say whether the jackets were heavy or light. The officers watched the boys ride their bikes through two grocery store parking lots and look all around. After riding slowly through a third grocery store parking lot and looking around, the boys rode to the rear of the store, appeared to hide their bikes in the bushes, and removed their jackets and placed them with the bikes. The boys walked into the parking lot and, standing together, scanned the lot, watching cars and people for a couple of minutes. They then returned to their bikes, put their jackets back on, and rode away. At that point, Detective Fraley radioed uniformed patrol officers to stop the boys. During a patdown of the boys, a gun was found on one of R.D.W.’s companions. R.D.W. subsequently told officers during questioning that the boy in possession of the gun had been planning to do something crazy.
The trial court denied R.D.W.’s motion for judgment of acquittal made at the conclusion of the state’s case. It withheld adjudication and ordered R.D.W. to enter and successfully complete the Juvenile Alternative Services Program and perform twenty-five hours of work and several other specified tasks. R.D.W. then filed a timely appeal.
Section 856.021(1) provides that: [i]t is unlawful for any person to loiter or prowl in a place, at a time 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 persons or property in the vicinity.
We conclude that the facts adduced by the state were insufficient to establish a prima facie case of guilt under the statute, and the trial court erred in denying R.D.W.’s motion for judgment of acquittal. See E.B. v. State, 537 So. 2d 148 (Fla. 2d DCA 1989); L.C. v. State, 516 So. 2d 95 (Fla. 3d DCA 1987). As shown by the evidence, R.D.W. and his companions rode their bikes through public parking lots of stores that were open and from which people were coming and going. They then placed their bikes in the bushes, took off their jackets, walked into the parking lot, looked around for a couple of minutes, and returned to their bikes and rode off. However, nothing about either R.D.W.’s or his companions’ actions indicated that a breach of the peace was imminent or that public safety was threatened. See State v. Ecker, 311 So. 2d 104 (Fla.1975). Although a gun was found on one of the boys and R.D.W. told officers that boy was going to do something crazy, the offense of loitering or prowling must be completed prior to any police action. E.B., 537 So. 2d 148.
Accordingly, we reverse the order finding R.D.W. guilty of loitering or prowling and remand with instructions that he be discharged.
Reversed and remanded with directions.
CAMPBELL, A.C.J., and BLUE and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
E.C. v. State, 724 So. 2d 1243 (Fla. 4th DCA 1999)…isfied, the state presented no evidence that the circumstances were such as to elicit a justified alarm or immediate concern that L.C.’s behavior amounted to an imminent threat to the safety of persons or property. Id. at 96-97. In R.D.W. v. State, 659 So. 2d 1193 (Fla. 2d DCA 1995), the court reversed a conviction for loitering and prowling where the police officers observed the defendant and two other boys riding their bikes around 9:20 p.m. in an area with open businesses where people were coming and going…
-
Dajuan Donya Bowser v. State, 937 So. 2d 1270 (Fla. 2d DCA 2006)…of an immediate threat. See T.W. v. State, 675 So. 2d 1018 (Fla. 2d DCA 1996) (holding that a juvenile’s presence near a closed pawn shop at 4:00 a.m. while carrying a chain saw case did not create imminent threat to public safety); R.D.W. v. State, 659 So. 2d 1193 (Fla. 2d DCA 1995) (holding that three boys wearing jackets on a warm night, riding bikes, appearing to hide their bikes and jackets in some bushes, and scanning vehicles and people in a parking lot did not constitute an immi [*1272] nent threat to…
-
von Goff v. State, 687 So. 2d 926 (Fla. 2d DCA 1997)…ute gives the suspect an opportunity to explain his presence and conduct, the criminal conduct must be completed prior to any action by police officers.” E.B. v. State, 537 So. 2d 148 (Fla. 2d DCA 1989) (citations omitted). See also R.D.W. v. State, 659 So. 2d 1193 (Fla. 2d DCA 1995)(holding that offense of loitering and prowling must be completed prior to any police action). In the present case, assuming that sitting near an open convenience store constitutes loitering and prowling in a manner unusual for la…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ecker, 311 So. 2d 104 (Fla. 1975)
- Cabrera v. Wright, 516 So. 2d 95 (Fla. 3d DCA 1987)
- E.B. v. State, 537 So. 2d 148 (Fla. 2d DCA 1989)