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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-28-2008, 04:48 PM
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Trespassing laws


Im in Florida, and supposedly when trespassing in a vehicle on a zoned construction site an officer must give you at least two warnings before an actual arrest can be made, is this true? If not does anybody know what the actual procedure or procedures are?
  #2  
Old 01-28-2008, 04:52 PM
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Quote:
Originally Posted by v|ct0r3 View Post
Im in Florida, and supposedly when trespassing in a vehicle on a zoned construction site an officer must give you at least two warnings before an actual arrest can be made, is this true? If not does anybody know what the actual procedure or procedures are?
No, that is not true.

An arrest can be made for trespassing on a posted construction site with no warning.

So the crux of the issue is: Was the site posted and did the posting conform to the legal requirement.
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Old 01-28-2008, 04:54 PM
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Supposedly my truck was reported to have been on a construction site, but no officer caught me in the act, can anything happen now and after the fact, I don't believe there is anything more than a possible report, because if an officer had seen me I think he would've just gotten me right then.
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Old 01-28-2008, 04:55 PM
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Also, there was an alternate route on a dirt road into the back of the site, with no postings . The only complication is this: It was through an orange grove, but once again there were no "No Trespassing" signs on the orange grove.
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Old 01-28-2008, 04:58 PM
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Quote:
Originally Posted by v|ct0r3 View Post
Supposedly my truck was reported to have been on a construction site, but no officer caught me in the act, can anything happen now and after the fact, I don't believe there is anything more than a possible report, because if an officer had seen me I think he would've just gotten me right then.
What are you being evasive about?

If you were trespassing, charges can be filed, even if the officer did not directly observe you.

If you were reported erronously, charges can be filed.

What will happen is if you are charged, you will contest the charges. If the charges are not warranted or supported by evidence, they will be dropped. If they are not dropped, then the prosecutor will need to meet the burden of proof to find you guilty.

At this point, it seems you have not been arrested or charged, so leave it be and don't tresspass (or even look cross-eyed at) any construction site as it is a serious felony.
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