Trespassing Florida Statute 810.08 and 810.09 warning, signs, being told to leave
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- čas přidán 17. 09. 2015
- Hi folks im Roger P. Foley and I'm here to talk to you about Florida statute 810.08 and 810.09. What is that? Trespassing! Its trespassing whether its a structure, like a building or a car, or not a building or car sort of a quasi public place like an outdoor mall or something like that. So basically i would encompass all of trespassing in this small video. So trespassing... when you intentionally go on property that you are not supposed to be on and you are warned about it or you are asked to leave the premises. So here are some common examples. An individual goes out to a local sports bar and have a few drinks with the buddies, they start getting loud and anxious and a little crazy during the football game. The manager goes over and asks them to leave, the police are called and the police say you need to leave. Your buddies have a few to many drinks and he doesn't leave. Someone authorized, a manager or a police officer tells you to leave and you dont leave, you may be charged with trespassing. Usually when you are asked to leave, most of the time you are getting a trespass warning where you can't come back for 3, 6, 9 , 12 months. Its very common in the state of Florida to get a trespass warning. What if you accidentally wander onto someones property? Well since it was accidental and not intentional, thats not trespassing. What if there is a no trespassing sign? The Florida statute addresses that, and if there is a sign, the letters have to be a certain size. We had a case when an individual went to a location and it said no trespassing and he was hanging out there. When we went out there and took photos, we measured the size of the letters and they weren't consistent with the law and we were able to get the case dismissed on a technicality. Can you be trespassed from the mall? Yes you can. When you are asked to leave for any reason and someone of authority asks you to leave and you dont leave, well guess what you can receive an arrest for trespass. Because trespassing is generally a misdemeanor charge, meaning its punishable in county jail for up to one year. If an officer arrests you for trespass, there's one of two ways to do it. the first way, he can put you in handcuffs and slam you up to the police car and puts you in the back seat, that is a physical arrest. The other way is if the officer has discretion and he can hand you a piece of paper that is called a notice to appear, or a promise to appear. What it says is that you are accepting the arrest but not the facts of the arrest but i am promising that i will attend court on the day in question. The court date is usually put on the bottom of the document. What if someone is at a casino and they are asked to leave, they are hit with a trespass warning. Your at a bar and you stay too long, they get you drunk, they take your money, now you get trespass warning and you dont leave instantly or your buddies are stuck inside and you are trying to tell them that you are getting kicked out, and boom the cop arrests you. If you've come back after you've been warned especially by a police officer, majority of the time you are going to be escorted to the ground as they say. Thats a little bit about trespassing on a structure or conveyance, Im roger P. Foley and if you have any questions give my office a call. thank you!
Trespassing is a common charge in the state of Florida. If you have been arrested and have questions, consider our firm. There are numerous defenses so seek out a criminal lawyer with knowledge and experience.
Visit our website at: rpfoley.com
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Oct 2020. Thank you mr foley. You do make it understandable. I really appreciate all you have done for me in central florida. I recommend your services to anyone who needs help. Thanx. Ray
Thank you. Glad to help
Roger P Foley is THOROUGH and HONEST, I would definitely recommend him if needed! Don’t, I repeat do not hesitate to give Roger P Foley a call. He will sincerely help you!
I try.
I was arrested for misdemeanor trespassing at the West Palm Beach police station there was no signage and I never went past the gate just one line and the road that said do not block.
If you need representation just call me.
YOU HAVE TO BE VERBALLY TOLD TO LEAVE BY THE PROPERTY OWNER AND REFUSE BEFORE ANY TICKET CAN OCCUR AND IF YOU STILL DONT LEAVE THEN YOU GO TO JAIL!
Do you help Nashville TN? Just bought an investment property. There’s a tenant next door who keeps parking on our driveway. He won’t stop, his property manager tells us to get along. We can’t use the driveway to pull to the back of the house, too narrow a space with him there. Written a letter to tenant and property manager. I need to get legal sized “No Trespassing” signs but where? What size lettering is legal? Should I send a Trespass warning letter?
My son 19 yrs old was playing basketball at the his old Middle School , police came arrested him but his friends were let go. All were given a trespass charge except the cop told my son they found that he missed a court date from and old case between him and his grandfather that i helped get dismissed when i told my father to sign a waiver of prosecution and it was thrown out based on that signed document. Now the police used a missed court date to arrest and charge him. What should my son do, or say he just told me that he has court in person this monday @ 9 am broward county court house. Help, ! Advice 🙏 please
When he is at court, he can ask for a diversion program on his own. You can watch other videos I have on diversion or read my website. Rp foley.com. If accepted he will pay a fee and may do some community service hours but the case will be dismissed in about 4 months if he gets in and does what he is supposed to do. Otherwise, you hire a lawyer to look at technical arguments to see if it can be dismissed. I handle broward cases as you probably know. Try the cheap way on your own first. Best of luck. We are here if you decide to retain a lawyer.
@@thelawofficesofrogerp.fole7886 Thank you for your prompt response to this question. I appreciate it a lot I forwarded the information to my son. Hopefully everything goes good tomorrow morning.
Hi what about getting to early to a business in morning that we are waiting to the place of business to open which is at 7am in the morning but there is a security guard that come around and run u off the property because the owner doesn't want u there until time of the place is open I had run to the pasco sheriff offices this morning an they was going to arrest me for just being waiting early in the morning for the business to open in the morning which is a place of business to donta plasma here in Hudson Florida now me an other left we told to go somewhere else an wait now but now my question is the security guard has the to police to have us arrested for just being there an waiting for the plamas to open now .
What if you did absolutely nothing wrong and two co-workers have issues and you're stuck in the middle of it then the opposing party out of Revenge get the cops involved then says they want a trespassing order placed on you, and you did absolutely nothing wrong
So I thought the yellow paper or whatever was the trespass. that you've been told to leave by a cop and if you come back you'll be arrested is that not true? And how can I have just been trespass by sheriff's from Wawa when I wasn't doing anything wrong and I was never asked or given any hint as to leave don't they have to ask me to leave before they can trespass me
I know they both are crimes, but how much more severe would burglary of an unoccupied structure be than trespass in a structure?
I wish Texas had the same trespassing detention abilities
As security or a property owner, if you detain or arrest somebody for trespassing, you will be walking a thin line
How can you be trespassed from a retail store that is a place of public accommodation? What about all those civil rights statutes?
Is the size 2 in and where on the property do they need to be? Also, can a process server come with the sign up?
Does a mall have to have no trespassing signs up for people who loiter at night or is that an exception since it's after hours?
I noticed those apartment buildings have no trespassing signs not sure if its for building or grounds can I drive or not not sure
Hello Mr. Foley, Under what circumstances can you be trespassed from public property? Such as the public library, Town or City Hall, Post Office.
Thats probably a research project not a quick answer. Quick answer is you can. If you create a disturbance or subjectively piss off someone in power they can have you trespassed. That is usually a year.
(04/12/21) TRESPASS? A Trespass has many different forms in law. Their is trespass to real property such as a business that is open under normal operating hours and it is private but open to the public. Also, trespass to private property, this is your private home or the property it sits on and signs of No Trespassing is posted as a Notice. Then there is trespass to, say, an Amusement Park or even a nuclear power plant, or the such. There is also Trespass to State property or Federally supported or funded property. This can be a place like a government building, a library, or even a courthouse. Legislators of each state recognized this and has included these types of trespass in the statutes as to the intent or motive of the trespass. Know what type of trespass you are being charged with.
Great Vid and Thanks! I live in Florida and near the beach, one resident who house is on the beach posted a Sign on his Seawall, "Not Authorized to SIT" and Fl. Stat. 810.09 -11 under Sit . While the ECL line provides the owners 20 feet west of the sign (seawall Gulf Mex) the rest is a Public Beach. The Town which this resident lives, now says through an 'Ordinance' with a $500 fine, prohibits Temporary Shade. Hence, as one Council person said, take away the shade take away the person. Your view on that?
A person who is not doing anything unlawful in a place of public accommidation cannot be trespassed out. This is important to be aware of if you're going to represent someone who gets arrested for no reason. It's their civil right of fair & equal treatmwnt under the law. No shoes, no shirt, no service is an urban myth.
What if your neighbor regularly comes into your yard without being invited. They proceed to mess with your pets. They're not doing anything particularly wrong, but you don't want them on your property every day while you're not out there. A fence is scheduled to go up, but it will be a few weeks....
a neighbor trespassed by reaching out his hand into my car when I try to roll up my window as I asked him that I did not want to confront with him.. as he came to my car to scream at me for not having my dog on a leash for few seconds while leaving my property. I had to call the cops( video in a record or incident),. Police open a report and they did not take him to jail, I like to press charges.
What about if the police were not called and mall security takes down your info? Can someone get charged for trespassing after the fact if they decide to call the cops after you left?
What if the person who doesn’t want to leave is “trespassing” but in a place that isn’t mine? For example, my house, I rent, I’m not the owner, but this person is asked to leave but doesn’t. Is that considered trespassing even though it isn’t my property ?
Yes you have to contact police, tell them they are not invited guest. Police will give trespass and if they don't leave they will be arrested. Best of luck
Do you have to give police your name or ID for a trespassing warning? I believe not, but I want to see what you know about this.
I have not researched it. However, how can you receive a warning if they don't have your information. Most warning are verbal but officers must fill out a report card of everyone they spoke to and dealt with in a day. Even if verbal warning, they need to log that they gave you a warning. i don't get caught up in silly cop games. I would give my name because if you don't then you take the ride for obstruction. Your name does not implicate you in a crime so Miranda does not shield you.
No u don't have to give ur name. Or even talk to a cop u only have to leave
@@thelawofficesofrogerp.fole7886 Wrong! Sorry, but how are you working for a law office and don't know about these laws. You don't have to give police norhing, not your name, not your last name, not your date of birth, not even the first letter of your name unless you have committed a crime. A trespassing warning is NOT a crime, nowhere in any of the 50 states or territories. If you're asked to leave private property after warning and don't leave your committing a crime. Or if you leave and come back. You don't need to help the police generate a report with your info when you have not committed a crime.
@@creamlust6669 Oh, I definitely know this. I wanted to see how much a "law office personnel" know about this. The 4th amendment cover us first and then state, county and local laws. There's no laws at all that say that you have to give police your info or ID for no reason, but only when you commit a crime. Look at my previous comment up there.
@@angelcruz7972 trespass warning could likely fall under Florida's loitering statutes which under Florida law require you to identify yourself if asked.
Hi Mr. Foley. I have a question about these statutes.
What are the conditions that a person can be trespassed from public property such as a public sidewalk?
not sure on that one.
If it’s public than it’s not trespassing
Hello sir. Regarding notice, 810.09 states, "...notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation..." -- does this insinuate that if I have a closed, chained-gated, 4 ft. chain link fence encompassing 100% of my 1.2 acre property around my home, that the fencing insinuates notice that I don't want anyone waltzing in? I'm going to do a compliant (font size etc.) sign at the gate (the only entrance) but could someone claim they felt welcome by crossing through adjacent neighbors' yards and hopping my otherwise "unposted" fence simply because I don't have No Trespassing signs facing my neighbors every 50 feet or something guaranteeing you see one 360 degrees? Let alone unlit at night? Simply put, is my fence in and of itself one line of No Trespassing warning by its existence? Esp. with one sign at the entrance despite its invisibility elsewhere along my fenceline? Thanks in advance
signs are cheap i would post in several places
Good day Mr. Foley. If you are in a public place as defined in Florida Statute 876.11, does this effect the ability of public authorities to issue a trespass warning? Examples: Florida Dept. of State Public Library, Florida State College parking lot, or perhaps a State Park Public Campground. Assume during normal hours of operation, and with no probable cause or criminal actions.
I was recording a video in a public place, A side walk in front of city building, I was issue a trespass from that building, How can I appeal this. I recorded from the time I got there even when the police gave me it. like you commented earlier, I refuse my ID until I had to give it to them or be arrested... Was not bothering anybody blocking anybody just stood their refuse to even speak to people until the police came up
YOU CONSTITUTIONAL RIGHTS WHERE VIOLATED AND YOU NEED TO SUE!
Are supposed to get a warning by law?
you have to receive verbal warning or notice via sign per statute
What about the Terry Frisk law . And your signs are posted at the Entrance. Is there a probable cause just to check them for Weapons Under the Terry Frisk law
What about a grocery store? As the bagger walked me to my car he said he was a Christian. I gave him a scripture to read and said Id be back to see what he thought. The next day I asked if he was working and waited outside. Next thing, 6 squad cars pull up and they claimed Publix called them saying they were in fear of their employees life and wanted me trespassed for preaching. Isn't that a 1st ammendment right? Is it legal to be trespassed.. from a GROCERY store, when NO crime was committed? I've been coming here for decades.
03/04/21. Is there a difference between No Tresspass and No Trespassing ? I was told the difference is a No Tresspass means anyone including Law Enforcement as long as they keep walking and do not stop that's legal, but if they stop I can order them off my property. It's a Constitutional right . Thanks for the video!
Thanks for watching. Im not aware of any difference. Ive had drug trafficking cases/cultivation cases reduced or thrown out based on no tresspassing signs and officer reaches over and opens gate from inside. Ive had tresspass cases tossed for not conforming with letter height but ive never come across any case law distinguishing these two. I could be wrong but Ive never seen that.
Thank you for answering me I really appreciate it.
How can I contact you in reference to this video on tresspass?
Contact me if you have a case. If you just are asking question, it's hard for me to do. I have so many people calling my office Im at point that I have to charge hourly fee.
What Happened to me was I was at a Hospital,and I Needed to see a doctor,But the nurse I had at the Hospital was very rude to me and stuff like that,and I insinuated a threat,By Saying You need not be so rude to me,I have 2 Cars ya know!!Thats all I said,so i'm sure you know what insinuation that was,But ofcouse I wasn't gonna Do anything to that woman.Anyways after i insinuated a so called threat,she had Security export meout of the hospital,where i then met a police officer,she said i threatened her to the police,But i did'nt,,So The Police Just Wrote My Name on a piece of paper It was Like a blank sheet of paper,saying I cannot come onto this property again unless I am being seen at the Hospital,But i'f I am just hanging around the hospital without being a patient their Then i will get arrested.But I didn't get a tresspass Warrant,and tonight I went back to that hospital to get medical help because i have asthma,and that woman was my nurse again,she started screaming saying you arn't allowed to be here get out now,but yet i didn't get a tresspass warrant,and i still got kicked out of hospital.What can I do About This?
Hello from Polk County FL, how do you know you've been trespassed warned and for how long? My friends and I were stopped by an officer for being on a property that was for sale (warehouse with no "no tresspassing" sign) and was asked to identify ourselves. I did, as not to cause problems, and others didn't. After he had written my name on a peice of paper, we were told we were now tresspass warned. He didn't fight with the people who didn't give their ID, so what is he going to do with my name? Do I need to sign something advising I've been warned? Can a warning be verbal with no proof? He told us the next time we were there he would take us straight to PCJ. I've never even had a speeding ticket so I don't know how being cited for trespassing would work. The officer admitted he didn't have contact with the owner and that he just wanted us out.
Sounds like you have been trespassed. He gave a verbal warning. That’s your notice. Don’t go back. You can call station to find out time. Usually a year.
During your speech you said “a manager or a police officer tells you to leave and you dont leave, you may be charged with trespassing”. Not true. It has to be both. For example: if a manager tells you to leave and you don’t then the manager calls the police. And if you still refuse to leave then you get charged with trespassing.
I don't believe in so-called "private" property, and so for years I trespass on it. Fuck the statutes.
i was fired and traspas and didnt know the reason. i was working 6 police men came and took me out , i stay in chock didnt know i didnt do nothing bad that would cause me to get fired at all. still scratching my head/ i think it was ilegal what they did. still dont know/
Do you have to show ID or give out your information for a trespass warning?
Generally, give your id if you are being trespassed. Police make a report and need a name. Others will argue against me saying that but the goal is not to get arrested. Can you not give your name...sure but higher probability of being arrested for obstruction. Cant win in street but can win in court.
@@thelawofficesofrogerp.fole7886 I agree 100% the divide is weather you can afford to be right or have them violate you so you can go home.
So let's say you're going to somewhere, but you cross onto the property, but you don't stay on the property. Is it still an arresting offense?
That’s vague. You accidentally trespass and then remove yourself once you realize the error? If that’s the case your probably ok. Depends on facts
@@thelawofficesofrogerp.fole7886 because I'm currently homeless. Normally, I go late nights to get water for my pet and to drink etc. The owner of the property called the police and placed me on trespass. I would even use the restroom urgently and depart the property as to avoid trouble. I guess that's a better way to put it.
Tonight, I crossed onto the property but I didn't stay upon it and immediately removed myself from it. Is that a better way to explain it?
What about public property? What’s the law for that?
Many people think a business is public property but once asked to leave you can be charged. I don't believe I have ever seen someone charged with trespassing on a sidewalk or street as they are most likely to be charged with loitering obstruction of justice.
What about for taking ur child to school n having a outside conversation with a teacher n her not like my freedom of speech or opinion then she calling cops... Salem Oregon
“Asked”? Please show in these Statutes were it states “asked”. The statute says “directed”. Learn the law. Ignorance is No excuses. SMH!
Individual exerts purchasing power.... one year....for using debts good for some... your arguement..for whatever reason. the law may not infringe...its an economy stupid...appearance.. oh to protect what your front cover?? so my money doesn't look good. sure questions...do you have a residence..causby v. us.... btw.... its public held and airspace no? any reason you do not want some currency...good for some debts? your logic....
Are you alright?
Hi was was charge with trustpassing on wire grass rang which I did not know of I was hunting hogs and deer yes I had my hunting license but they charged me with a felony not sure why do you have any questions deal with no signs posted I thought it was just a regular patch of woods
Willard text me at (813)482-7986 ok hope to here from you soon court date is Jan 3 2020
So again I had a hunting knife on me could that be a felony by carrying a large knife on my side belt can you call me on this I live in Florida 33543
I did not know it was a ranch yes there was a Bob wire but there's lots of Bob wires in the woods where I hunt so there was no signs posted so what can I do from here I went to court in Dade City and they talking about goving me 18 jail plus 18 months probation and do a hunter safety corse which I already had my hunting license so can they Give all that to me. Need answers I have a public defender. Which is my second one cuz the other one never gotten back to me.