RIVERA

v.

UNITED STATES; AND TORRES V. UNITED STATES

Citator

Cited By (85 total)

• D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985)
  …iduals; (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” State v. Ecker, 311 So. 2d 104, 106 (Fla.), cert. denied, 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975). “Proof of both elements is essential in order to estab [*151] lish a violation of the statute,” State v. Ecker, supra at 110, and each element must be proved beyond a reasonable doubt. See In re Winship, 397 U.S…

  ← 1 / 2 →
• Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981)
  …y upon stopping Thomas gave him Miranda warnings, which arguably inhibited him from dispelling the officers’ concern, see Section 856.021, Florida Statutes (1977); State v. Ecker, 311 So. 2d 104 (Fla.), cert. [*281] denied sub nom., Bell v. Florida, 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975), there existed, notwithstanding the officers’ mistaken and contrary belief, probable cause to arrest Thomas on a charge of burglary. See, e. g., Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (19…
• K.R.R. v. State, 629 So. 2d 1068 (Fla. 2d DCA 1994)
  …oncern for the safety of persons or property in the vicinity. In considering the second element, courts have found that the behavior must imminently threaten the safety of persons or property. State v. Ecker, 311 So. 2d 104 (Fla.1975), cert. denied, 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975). Also, alarm is presumed under the statute if, when a law officer appears, the defendant flees, conceals himself or any object, or refuses to identify himself. § 856.021(2). Pri- [*1070] or to any arrest, the de…