The question of whether you can detain a trespasser in Florida is complex and hinges on several crucial factors. While Florida law allows for citizen's arrests, acting without a complete understanding of the law can lead to serious legal consequences, including arrest and prosecution. This guide outlines the circumstances under which you might legally detain a trespasser and the critical steps to take.
Understanding Florida's Citizen's Arrest Law
Florida Statute §387.20 gives citizens the power to make an arrest in specific situations. This power, however, is limited and carries significant responsibilities. You can only make a citizen's arrest if you witness a person committing:
- A felony: This involves serious crimes like robbery, burglary, or aggravated assault. The key is witnessing the crime in progress. Past felonies do not justify a citizen's arrest.
- A misdemeanor: This is a less severe crime, but the same witnessing requirement applies. Furthermore, the misdemeanor must be committed in your presence or view. This means you must see the crime happen, not just hear about it later.
- A breach of the peace: This is a broad category that includes actions that disrupt public order, such as fighting or disorderly conduct. Again, you must directly witness the act.
Crucially, trespassing is not explicitly mentioned in §387.20. While trespassing is a crime, it's generally considered a misdemeanor and often falls under "breach of the peace" only if it involves disorderly or disruptive behavior. Simply being on your property without permission isn't automatically justification for a citizen's arrest.
Detention vs. Arrest: A Key Distinction
Detention and arrest are not interchangeable. Detention involves temporarily holding someone, usually until law enforcement arrives. An arrest is the taking of a person into custody for the purpose of charging them with a crime. You can only make a legal arrest under the strict conditions outlined above.
If you detain someone, you must ensure that:
- Your actions are reasonable: The detention must be proportionate to the suspected crime. Using excessive force or unduly restricting someone's freedom could lead to charges against you.
- You release the person promptly: Once law enforcement arrives, you must relinquish control to them. Holding someone beyond what is reasonably necessary is illegal.
- You cooperate fully with law enforcement: Provide them with your account of the events and any evidence.
Dealing with Trespassers on Your Property
If someone is trespassing on your property, your best course of action is:
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Verbally request them to leave: This is the first and most important step. Clearly and calmly tell them they are trespassing and must leave immediately.
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Document the incident: Note the time, date, description of the trespasser, and any damage or disruption caused. Take photos or videos if possible, maintaining a safe distance.
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Contact law enforcement: Report the trespassing incident to the police. They will assess the situation and take appropriate action. Let the police handle the apprehension and arrest.
When Detention Might Be Justified (with Extreme Caution)
In very limited circumstances, a brief detention might be justifiable if you witness a trespasser committing a misdemeanor that falls under "breach of the peace" and you have reasonable grounds to believe that immediate action is necessary to prevent further harm or escape. However, this is a high-risk situation with a high likelihood of facing legal repercussions if you are wrong.
Disclaimer: This is not legal advice
This information is for educational purposes only and should not be considered legal advice. The laws surrounding citizen's arrests are complex and vary depending on the specific circumstances. Always contact a qualified attorney in Florida for advice regarding specific legal issues. Incorrect actions can lead to serious consequences, including fines, lawsuits, and criminal charges.
