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HomeMy WebLinkAbout1998 06 22 Informational Item D COMMISSION AGENDA ITEM D REGULAR CONSENT INFORMATIONAL X June 22, 1998 Meeting MGR V IDEPTW. Authorization~ REQUEST: Police Department providing the Commission with information in response to issues raised concerning (1) arrests for trespassing, (2) vehicle traffic from Alton Road to Winding Hollow Blvd, and (3) speeding complaints on Eagle's Nest Circle. PURPOSE: The purpose of this item is provide the Commission with information in response to issues raised under Commissioner Martinez's seat at the June 8, 1998 meeting regarding cut through trespassing incidents from Northern Way to the Oviedo Marketplace Mall and procedures for arresting violators; vehicle traffic cutting through the undeveloped area from east Alton Road to Winding Hollow Blvd.; and speeding complaints in the area of Eagle's Nest Circle. CONSIDERATIONS: (1) An arrest is defined as the taking of a person into custody for the purpose of being presented before the court to answer to a charge. In general, the rules governing the arrest of an individual requires that a warrant be issued by the court. There are provisions in Florida Statute 901.15 that detail when a law enforcement officer may make a lawful arrest of an individual without a warrant. The provisions of F.S.S. 901.15 include that an officer may make an arrest without a warrant when: . the person has committed a felony or a misdemeanor or violated a municipal or county ordinance in the presence of an officer. An arrest for the commission of a misdemeanor or the violation of a county or municipal ordinance shall be made immediately or in fresh pursuit. . a felony has been committed and he or she reasonably believes that the person committed it. . he or she reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it. Therefore, an officer may only effect an arrest for a crime that was not committed in his or her presence when that crime is a felony. There are additional exceptions in the arrest statute that detail when an officer may make a warrantless arrest of a person who has committed specifically defined misdemeanor crimes, however trespass is not included among that list unless it occurs on a school ground or at a fair or exposition. For any incidents of a misdemeanor that do not occur in the presence of the officer, a request for a warrant must be filed to the court through the State Attorney. Trespass, as defined by Florida Statute 810.08 and 810.09 is a misdemeanor. The only occasion when trespass may be considered a felony is when the trespass occurs on a posted construction site, or is armed or arms him/herself with a firearm or other dangerous weapon. Additionally, the crime of armed trespassing is also the only occasion when a property owner, or someone acting on the owners behalf, may take into custody or detain someone for a reasonable length of time, by reasonable means, for the purpose of turning them over to law enforcement for prosecution purposes. Any attempts by a property owner to detain a misdemeanor trespasser constitutes a false imprisonment on the part of the person detaining the violator. If the misdemeanor crime of simple trespass (not armed, not on a construction site, not on a school ground or fair) does not occur in the presence of an officer, the trespasser may not be detained by the property owner, nor may the officer arrest the trespasser without a warrant. The offic'~r in this situation must obtain a sworn affidavit from the property owner and any witnesses, and file those affidavits to the State Attorney with a request that the court issue an ar:rest warrant for the violator. With regard to the existing situation of persons scaling the common wall separating Michigan Court from the Oviedo Marketplace Mall property, the following set of circumstances must occur for an officer to make an immediate arrest, or an arrest in fresh pursuit: (a) The property on Michigan Court must be posted by the owner, or enclosed with a fence, (b) A violator must enter the posted or fenced property, ( c) An officer must observe the violator committing the act of trespass. If the officer does not observe the violation occur, he or she must follow the rules of arrest and conduct an investigation, collect sworn affidavits, and file a request for an arrest warrant with the court. The Police Department is continuing to attempt to arrange meetings between the City, the Police Department, the Viera Corporation, and the Mall Security forces to resolve this matter. As of this date, the Viera Corporation and the Mall Security forces have not cooperated with this attempt. (2) Regarding the matter of vehicle traffic cutting through the unpaved dirt trail from Alton Road to the Winding Hollow subdivision., this path has been closed at both ends by posts and chain link gates to prevent vehicles from accessing the area. This problem should be resolved by these measures. (3) Regarding the information Commissioner Martinez received about speeding in the area of Eagles Nest Circle, the Police Department has met with homeowners in the area to determine the days and times the violations are occurring. Officers have been directed to perform RADAR patrols during these target times, and when ever else available, to enforce the traffic laws. Information on the results of this effort will be presented at a future meeting. RECOMMENDATION: None, information only. IMPLEMENTATION SCHEDULE: None, action already has been taken. A TT ACHMENTS: None COMMISSION ACTION: