S.K.W. v. State
112 So. 3d 775
| Fla. Dist. Ct. App. | 2013Background
- S.K.W., a juvenile, appeals an adjudication and disposition for loitering or prowling under Fla. Stat. § 856.021(1) (2011).
- Two non-resident girls were observed by a resident near a vacant house after he reported them walking in the area and knocking on a neighbor’s door.
- Officer Putman encountered the girls on a second-floor porch, they complied with requests, and they stated they were merely hanging out.
- No weapons, drugs, or theft signs were found; the girls had cell phones and a cigarette lighter; A.K.A. could not recall her exact address.
- The officers arrested the girls for loitering or prowling; the State relied on alarm based on circumstances and neighborhood concerns, but the record showed no imminent threat.
- The trial court did not have probable cause to arrest for loitering or prowling, and the appellate court reverses the adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports loitering or prowling | S.K.W. argues elements of loitering were unmet. | State contends alarm existed due to suspicion of future criminal activity. | Insufficient evidence to prove loitering or prowling |
| Whether the detention/arrest lacked probable cause | No immediate threat or proximity to crime; arrest unlawful. | Officer safety concerns and neighborhood context justify detention. | Arrest not supported by probable cause; reversed |
Key Cases Cited
- Rucker v. State, 921 So.2d 857 (Fla. 2d DCA 2006) (imminent threat required for loitering/prowling; mere suspicion insufficient)
- Grant v. State, 854 So.2d 240 (Fla. 4th DCA 2003) (imminent threat standard for loitering/prowling)
- E.B. v. State, 537 So.2d 148 (Fla. 2d DCA 1989) (imminent threat requirement for loitering/prowling)
- Bowser v. State, 937 So.2d 1270 (Fla. 2d DCA 2006) (suspicious circumstances alone insufficient)
- Woody v. State, 581 So.2d 966 (Fla. 2d DCA 1991) (detention based on speculation lacks justification)
- State v. Ecker, 311 So.2d 104 (Fla.1975) (nearness to offense not established by mere circumstance)
- S.N.J. v. State, 17 So.3d 1258 (Fla. 2d DCA 2009) (no trespass absent posted warnings in some contexts)
- L.C. v. State, 516 So.2d 95 (Fla. 3d DCA 1987) (high-crime-area suspicion insufficient without justification)