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CASES

By Jeffrey Ivashuk

Criminal law -- Loitering and prowling -- Evidence that defendant was in parking lot of closed business in early morning hours and moved into shadows and crouched behind a car when he saw patrol car was sufficient to prove that defendant was loitering and prowling in manner not usual for law abiding citizens -- However, state failed toprove second element, that loitering and prowling was under circumstances that warranted a justifiable and reasonable alarm or immediate concern for safety of persons or property located in the vicinity -- Fact that officer subsequently discovered evidence of other crimes does not alter court's analysis, because offense of loitering and prowling must be complete before any police action occurs -- Remand with directions to discharge defendant on loitering and prowling charge     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on July 22, 2008 (boomark / email).