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Florida Statute 843.021 | Lawyer Caselaw & Research
F.S. 843.021 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 843.021

The 2023 Florida Statutes (including Special Session C)
Title XLVI
CRIMES
Chapter 843
OBSTRUCTING JUSTICE
View Entire Chapter
F.S. 843.021
843.021 Unlawful possession of a concealed handcuff key.—
(1) As used in this section, the term:
(a) “In custody” means any time while a person has been placed in handcuffs by a law enforcement officer, regardless of whether such person is under formal arrest.
(b) “Handcuff key” means any key, tool, device, implement, or other thing used, designed, or intended to aid in unlocking or removing handcuffs.
(c) “Concealed handcuff key” means any handcuff key carried by a person in a manner that indicates an intent to prevent discovery of the key by a law enforcement officer, including, but not limited to, a handcuff key carried:
1. In a pocket of a piece of clothing of a person, and unconnected to any key ring;
2. On a necklace of a person;
3. On the body part of a person or on any item of clothing of such person, when the handcuff key is secured on the body part or item of clothing by use of tape, glue, line, or other material;
4. In or within any compartment, seam, fold, or other encasement within any item of clothing, belt, shoe, or jewelry of a person;
5. In or within any sock, hose, shoe, belt, undergarment, glove, hat, or similar item of clothing or accessory of a person;
6. By a person and disguised as jewelry or other object; or
7. In or within any body cavity of a person.
(2) Any person who possesses a concealed handcuff key commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) It is a defense to a charge of violating this section that, immediately upon being placed in custody, the person in custody actually and effectively disclosed to the law enforcement officer that he or she was in possession of a concealed handcuff key.
(4)(a) It is a defense to a charge of violating this section that the person in custody and in possession of a concealed handcuff key is:
1. A federal, state, or local law enforcement officer, including a reserve or auxiliary officer, a licensed security officer, or a private investigator as defined in s. 493.6101; or
2. A professional bail bond agent or limited surety agent as defined in s. 648.25.
(b) However, the defense is not available to any officer, investigator, agent, or runner listed in this subsection if the officer, investigator, agent, or runner, immediately upon being placed in custody, fails to actually and effectively disclose possession of the concealed handcuff key.
History.—s. 1, ch. 2000-230; s. 72, ch. 2023-144.

F.S. 843.021 on Google Scholar

F.S. 843.021 on Casetext

Amendments to 843.021


Arrestable Offenses / Crimes under Fla. Stat. 843.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

S843.021 2 - OBSTRUCT POLICE - POSS CONCEALED HANDCUFF KEY WHILE IN CUSTODY - F: T

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Ingraham v. State

    32 So. 3d 761 (Fla. Dist. Ct. App. 2010)   Cited 12 times
    Kenneth L. Ingraham challenges the judgments and sentences imposed on him after a jury found him guilty of unlawful possession of a concealed handcuff key, a violation of section 843.021(2), Florida Statutes (2004), and felony vending machine theft, a violation of section 877.08(3), (4), Florida Statutes (2004). The trial court sentenced Mr. Ingraham to five years in the state prison on each offense. The sentences were designated to run concurrently with each other and consecutively to Mr. Ingraham's sentence in another case.
    PAGE 763

  2. Nicor International Corp. v. El Paso Corp.

    318 F. Supp. 2d 1160 (S.D. Fla. 2004)   Cited 6 times
    Plaintiffs' assertion of a RICO claim against Defendants based upon obstruction of justice under chapter 843 of the Florida Statutes also fails. None of the allegations in the Second Amended Complaint even remotely establish a claim for obstruction of justice. § 843.01, Fla. Stat. (resisting officer with violence); § 843.02, Fla. Stat. (resisting officer without violence); § 843.021, Fla. Stat. (unlawful possession of a concealed handcuff key); § 843.025, Fla. Stat. (depriving officer of a means of protection or communication); § 843.03, Fla. Stat. (obstruction by disguised person); § 843.04, Fla. Stat. (refusing to assist prison officials); § 843.05, Fla. Stat. (resisting timber agent); § 843.06, Fla. Stat. (neglect or refusal to aid peace officers); § 843.08, Fla. Stat. (falsely personating officer, etc.); § 843.081, Fla. Stat. (prohibited use of certain lights); § 843.085, Fla. Stat. (unlawful use of police badges or other indica of authority); § 843.0855, Fla. Stat. (criminal actions under color of law or through use of simulated legal process); § 843.09, Fla. Stat. (escape through voluntary action of officer); § 843.10, Fla. Stat. (escape through negligence of…

  3. Bowen v. State

    791 So. 2d 44 (Fla. Dist. Ct. App. 2001)   Cited 26 times
    At the time of these events, the concealed possession of such a key was not a crime. In direct response to Hank Earl Carr, it now is. See § 843.021, Fla. Stat. (2000); ch. 00-230, § 1, Laws of Fla.
    PAGE 55

    Cases from cite.case.law:

    L. INGRAHAM, v. STATE, 32 So. 3d 761 (Fla. Dist. Ct. App. 2010)

    . . . a jury found him guilty of unlawful possession of a concealed handcuff key, a violation of section 843.021 . . .

    NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

    . . . (resisting officer without violence); § 843.021, Fla. Stat. . . .

    BOWEN, v. STATE, 791 So. 2d 44 (Fla. Dist. Ct. App. 2001)

    . . . See § 843.021, Fla. Stat. (2000); ch. 00-230, § 1, Laws of Fla. . . . .