Florida Statute 856.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

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F.S. 856.021

856.021 Loitering or prowling; penalty.—

(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 72-133; s. 1384, ch. 97-102.

F.S. 856.021 on Google Scholar

F.S. 856.021 on CourtListener

Amendments to 856.021

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 856.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S856.021 - LOITERING - OR PROWLING - M: S

Cases Citing Statute 856.021

Total Results: 204

State v. Ecker

311 So. 2d 104

Supreme Court of Florida | Filed: Feb 19, 1975 | Docket: 1776584

Cited 92 times | Published

constitutionality of this state's "loitering" statute, Section 856.021, Florida Statutes (1973). Four cases have been

State v. Ecker

311 So. 2d 104

Supreme Court of Florida | Filed: Feb 19, 1975 | Docket: 1776584

Cited 92 times | Published

constitutionality of this state's "loitering" statute, Section 856.021, Florida Statutes (1973). Four cases have been

Pottinger v. City of Miami

810 F. Supp. 1551, 1992 U.S. Dist. LEXIS 17640, 1992 WL 414704

District Court, S.D. Florida | Filed: Nov 16, 1992 | Docket: 989493

Cited 58 times | Published

and prowling in violation of Florida Statutes § 856.021 and Miami Code §§ 37-34[13] and 35;[14] and for

United States v. Lewis Franklin

323 F.3d 1298, 2003 WL 1055436

Court of Appeals for the Eleventh Circuit | Filed: Mar 12, 2003 | Docket: 1153364

Cited 49 times | Published

persons or property in the vicinity. Fla. Stat. § 856.021(1).1 Franklin’s behavior at the time of the incident

Wyche v. State

619 So. 2d 231, 1993 WL 82703

Supreme Court of Florida | Filed: Mar 25, 1993 | Docket: 1382096

Cited 38 times | Published

(Fla. 1993). Florida's loitering statute, section 856.021, Florida Statutes (1987), and its prostitution

DA v. State

471 So. 2d 147, 10 Fla. L. Weekly 1446

District Court of Appeal of Florida | Filed: Jun 11, 1985 | Docket: 1397086

Cited 29 times | Published

of loitering and prowling, as proscribed by Section 856.021, Florida Statutes (1983), has two distinct

Thomas v. State

395 So. 2d 280

District Court of Appeal of Florida | Filed: Mar 17, 1981 | Docket: 797354

Cited 23 times | Published

from dispelling the officers' concern, see Section 856.021, Florida Statutes (1977); State v. Ecker, 311

Gonzales v. City of Belle Glade

287 So. 2d 669

Supreme Court of Florida | Filed: Dec 20, 1973 | Docket: 2577590

Cited 23 times | Published

[19] See notes 7 and 9, supra. [20] See Section 856.021, Florida Statutes, 1971, F.S.A. (1972 Supp

EC v. State

724 So. 2d 1243, 1999 WL 30658

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 1410353

Cited 16 times | Published

a charge of loitering and prowling, under section 856.021, Florida Statutes, the state must prove that

Blanding v. State

446 So. 2d 1135

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1780176

Cited 15 times | Published

arrest cannot be sustained for loitering under Section 856.021, Florida Statutes (1981), the arrest was nonetheless

Stanley v. State

922 So. 2d 411, 2006 WL 565915

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1683241

Cited 12 times | Published

on June 21, 2004 prowling, a violation of section 856.021. When Stanley appeared for therapy, after his

State v. Cortez

705 So. 2d 676, 1998 WL 27562

District Court of Appeal of Florida | Filed: Jan 28, 1998 | Docket: 1868467

Cited 12 times | Published

for loitering and prowling in violation of section 856.021, Florida Statutes (1995). Detective Garcia

White v. State

458 So. 2d 1150

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1733292

Cited 12 times | Published

probable cause to arrest White for violation of section 856.021, Florida Statutes (1983) and the search was

City of Hialeah v. Rehm

455 So. 2d 458

District Court of Appeal of Florida | Filed: Aug 7, 1984 | Docket: 2482262

Cited 12 times | Published

Rehm. The loitering and prowling statute, Section 856.021, Florida Statutes (1977) provides as follows:

Patmore v. State

383 So. 2d 309

District Court of Appeal of Florida | Filed: May 9, 1980 | Docket: 457426

Cited 12 times | Published

v. State, 334 So.2d 656 (Fla. 3d DCA 1976); § 856.021(2), Fla. Stat. (1979). The statute is designed

JSB v. State

729 So. 2d 456, 1999 WL 140085

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 1171703

Cited 11 times | Published

failed to establish a prima facie case under section 856.021, Florida Statutes (1997), and the court erred

Springfield v. State

481 So. 2d 975, 11 Fla. L. Weekly 240

District Court of Appeal of Florida | Filed: Jan 22, 1986 | Docket: 1529351

Cited 11 times | Published

The Florida loitering and prowling statute, section 856.021, Florida Statutes (1983), provides: (1) It

Bowser v. State

937 So. 2d 1270, 2006 WL 2818500

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 459640

Cited 10 times | Published

prowling in violation of section 856.021, Florida Statutes (2004). Section 856.021(1) makes it unlawful "to

CDB v. State

662 So. 2d 738, 1995 WL 642667

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1283047

Cited 10 times | Published

for loitering or prowling, in violation of section 856.021, Florida Statutes (1993), and placed on community

KRR v. State

629 So. 2d 1068, 1994 WL 3453

District Court of Appeal of Florida | Filed: Jan 5, 1994 | Docket: 1264484

Cited 10 times | Published

of loitering and prowling, in violation of section 856.021, Florida Statutes (1991). He argues that the

In Interest of BM

553 So. 2d 714, 14 Fla. L. Weekly 2790, 1989 Fla. App. LEXIS 6738, 1989 WL 146175

District Court of Appeal of Florida | Filed: Dec 6, 1989 | Docket: 1259324

Cited 10 times | Published

offense of loitering was occurring. Fla. Stat. § 856.021 (1987). The statute contains two requirements:

Boal v. State

368 So. 2d 71

District Court of Appeal of Florida | Filed: Mar 28, 1979 | Docket: 1389026

Cited 10 times | Published

to verify theirs story was appropriate. See Section 856.021(2), Florida Statutes (1977). Officer Coleman

CHS v. State

795 So. 2d 1087, 2001 WL 1129411

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1673211

Cited 9 times | Published

persons or property located in the vicinity. § 856.021, Fla. Stat. (1999). Alarm is presumed under the

BDK v. State

743 So. 2d 1155, 1999 WL 955366

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1670018

Cited 9 times | Published

concern for the safety of persons or property. See § 856.021(2), Fla. Stat. (1997). In the present case, there

Von Goff v. State

687 So. 2d 926, 1997 WL 43394

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 1718530

Cited 9 times | Published

or threat to public safety as required by section 856.021(1), Florida Statutes (1995). Appellant renewed

State v. Cote

547 So. 2d 993, 1989 WL 88013

District Court of Appeal of Florida | Filed: Aug 9, 1989 | Docket: 1738750

Cited 9 times | Published

arrest was announced by Officer Cobb. See Section 856.021 Fla. Stat. (1987). The state conceded this

EB v. State

537 So. 2d 148, 1989 WL 187

District Court of Appeal of Florida | Filed: Jan 6, 1989 | Docket: 1522624

Cited 9 times | Published

possession of burglary tools. Conviction under section 856.021, Florida Statutes (1987) requires proof that:

Davis v. State

695 So. 2d 836, 1997 WL 329572

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 425294

Cited 8 times | Published

suspicion to believe Mr. McCloud was loitering. See § 856.021, Fla. Stat. (1995). If the officers' investigation

Chamson v. State

529 So. 2d 1160, 1988 WL 61979

District Court of Appeal of Florida | Filed: Jun 21, 1988 | Docket: 176219

Cited 8 times | Published

of loitering or prowling, as proscribed by section 856.021, Florida Statutes (1985), has two distinct

Watts v. State

463 So. 2d 205, 10 Fla. L. Weekly 70

Supreme Court of Florida | Filed: Jan 24, 1985 | Docket: 1509718

Cited 8 times | Published

Florida's loitering and prowling statute, section 856.021, Florida Statutes (1981).[1] We have jurisdiction

State v. Coron

411 So. 2d 237

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 1327040

Cited 8 times | Published

arrest. Reversed and remanded. NOTES [1] Section 856.021, Florida Statutes (1979): 856.021 Loitering

BJ v. State

951 So. 2d 100, 2007 WL 750527

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280424

Cited 7 times | Published

for loitering and prowling in violation of section 856.021, Florida Statutes (2005), on the grounds that

Baker v. State

754 So. 2d 154, 2000 WL 301042

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 431391

Cited 7 times | Published

persons or property in the vicinity." See section 856.021, Fla. Stat. (1999). If Baker's actions are

Graham v. State

714 So. 2d 1142, 1998 WL 399625

District Court of Appeal of Florida | Filed: Jul 20, 1998 | Docket: 461589

Cited 7 times | Published

supporting an investigatory stop for loitering. § 856.021(2). I would hold that a brief stop is authorized

State v. Jones

454 So. 2d 774

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 444379

Cited 7 times | Published

this case strictly followed the requirements of § 856.021, Fla. Stat. As required by the loitering and prowling

State v. Caballero

396 So. 2d 1210

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1732090

Cited 7 times | Published

4th DCA 1970), justifying his arrest. *1213 Section 856.021(1), Florida Statutes (1979) defines loitering

State v. Spurling

385 So. 2d 672

District Court of Appeal of Florida | Filed: Jun 6, 1980 | Docket: 1337589

Cited 7 times | Published

or was about to commit a criminal offense. Section 856.021, Florida Statutes (1977), makes it an offense

RM v. State

754 So. 2d 849, 2000 WL 353951

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 431201

Cited 6 times | Published

for loitering and prowling in violation of section 856.021, Florida Statutes (1997), and contends that

Jaudon v. State

749 So. 2d 548, 2000 WL 6064

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 1690356

Cited 6 times | Published

or threat to public safety as required by section 856.021, Florida Statutes (1995). During an investigatory

Wyche v. State

573 So. 2d 953, 1991 WL 3568

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 1518840

Cited 6 times | Published

upheld a less specific state loitering statute. § 856.021, Fla. Stat. (1989); compare Johnson v. Carson

LC v. State

516 So. 2d 95, 1987 WL 2302

District Court of Appeal of Florida | Filed: Dec 8, 1987 | Docket: 1266384

Cited 6 times | Published

S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975); § 856.021(1), Fla. Stat. (1985). The defendant's actions

Vs v. State

446 So. 2d 232

District Court of Appeal of Florida | Filed: Mar 6, 1984 | Docket: 2579989

Cited 6 times | Published

adjudication of delinquency for violation of section 856.021, Florida Statutes (1981), and possession of

In Interest of OW

423 So. 2d 1029, 1982 Fla. App. LEXIS 22211

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 544624

Cited 6 times | Published

adjudication of delinquency for violation of Section 856.021, Florida Statutes (1981), loitering and prowling

State v. Sawyer

346 So. 2d 1071

District Court of Appeal of Florida | Filed: Jun 7, 1977 | Docket: 1734077

Cited 6 times | Published

constitutionality of Florida's loitering statute, Section 856.021, Florida Statutes (1973). Said statute reads

Hardie v. State

333 So. 2d 13

Supreme Court of Florida | Filed: May 19, 1976 | Docket: 1290754

Cited 6 times | Published

application of Florida's new loitering statute, Section 856.021, Florida Statutes,[1]*14 as construed by this

R.R. v. State

137 So. 3d 535, 2014 WL 1373814, 2014 Fla. App. LEXIS 5154

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60240352

Cited 5 times | Published

safety of persons or property in the vicinity.” § 856.021(1), Fla. Stat. (2012). See also C.H.S. v. State

Jones v. State

117 So. 3d 818, 2013 WL 3197137, 2013 Fla. App. LEXIS 10066

District Court of Appeal of Florida | Filed: Jun 26, 2013 | Docket: 60232793

Cited 5 times | Published

v. Carter, 835 So.2d 259, 262 (Fla.2002). Section 856.021(1), Florida Statutes (2010), makes it “unlawful

E.F. v. State

110 So. 3d 101, 2013 Fla. App. LEXIS 4416, 2013 WL 1136336

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230106

Cited 5 times | Published

two elements of the crime as set forth in section 856.021, Florida Statutes (2011). The court denied

Battle v. State

868 So. 2d 587, 2004 WL 360834

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 451963

Cited 5 times | Published

(Fla.2001) (citation and footnote omitted). Section 856.021, Florida Statutes (2002), provides: (1) It

Williams v. State

674 So. 2d 885, 1996 WL 280569

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1194925

Cited 5 times | Published

who was always welcome to be on her porch. Section 856.021(1), Florida Statutes (1993), prohibits any

RDW v. State

659 So. 2d 1193, 1995 WL 497115

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1748174

Cited 5 times | Published

delinquency charging R.D.W. with violating section 856.021, Florida Statutes (1993), the state adduced

RDW v. State

659 So. 2d 1193, 1995 WL 497115

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1748174

Cited 5 times | Published

delinquency charging R.D.W. with violating section 856.021, Florida Statutes (1993), the state adduced

Griffin v. State

603 So. 2d 48, 1992 WL 170963

District Court of Appeal of Florida | Filed: Jul 23, 1992 | Docket: 1476043

Cited 5 times | Published

offense of loitering and prowling, contrary to section 856.021, Florida Statutes (1989). At the August 1991

State v. Freeman

542 So. 2d 483, 1989 WL 45412

District Court of Appeal of Florida | Filed: May 5, 1989 | Docket: 468890

Cited 5 times | Published

support neither an arrest nor a conviction under section 856.021, Florida Statutes (1987). The offense defined

VE v. State

539 So. 2d 1170, 1989 WL 21466

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 1511051

Cited 5 times | Published

offense of loitering and prowling as required by section 856.021, Florida Statutes (1987). The first statutory

TLF v. State

536 So. 2d 371, 1988 WL 139095

District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 1760004

Cited 5 times | Published

State, 481 So.2d 975 (Fla. 3d DCA 1986). See § 856.021, Fla. Stat. (1987). In this case, the officers

Carter v. State

516 So. 2d 312, 1987 WL 2337

District Court of Appeal of Florida | Filed: Dec 8, 1987 | Docket: 1267215

Cited 5 times | Published

State, 481 So.2d 975 (Fla. 4th DCA 1986); see § 856.021(1), Fla. Stat. (1983). Since the offense of loitering

TJ v. State

452 So. 2d 107

District Court of Appeal of Florida | Filed: Jun 5, 1984 | Docket: 1517646

Cited 5 times | Published

safety of persons or property in the vicinity. § 856.021(1), Fla. Stat. (1981). At this point, the officer

Ciccarelli v. City of Key West

321 So. 2d 472

District Court of Appeal of Florida | Filed: Oct 28, 1975 | Docket: 1674849

Cited 5 times | Published

sufficiently restrictive to afford due process. § 856.021, Fla. Stat., was found to be constitutional in

Jackson v. State

319 So. 2d 617

District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 444012

Cited 5 times | Published

"loitering" statute, Section 856.021, Florida Statutes (1973), stated: "We hold that Section 856.021, Florida Statutes

P.R. v. State

97 So. 3d 980, 2012 WL 4449124, 2012 Fla. App. LEXIS 16170

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312076

Cited 4 times | Published

safety of persons or property in the vicinity.” § 856.021(1), Fla. Stat. (2010); Hollingsworth v. State

Stephens v. State

987 So. 2d 182, 2008 WL 2775873

District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 1393539

Cited 4 times | Published

Stephens's conviction for loitering *184 and prowling, § 856.021, Fla. Stat. (2005). To sustain a conviction for

Rinehart v. State

778 So. 2d 331, 2000 WL 1879818

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 1290501

Cited 4 times | Published

safety of persons or property in the vicinity." § 856.021, Fla. Stat. (1997); see J.S.B. v. State, 729 So

DG v. State

714 So. 2d 644, 1998 WL 422407

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 461520

Cited 4 times | Published

believe that criminal activity may be underfoot. Section 856.021, Florida Statutes, makes it illegal "for any

Coleman v. State

707 So. 2d 767, 1998 WL 97692

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 1260088

Cited 4 times | Published

safety of persons or property in the vicinity." Section 856.021, Florida Statutes (1995). Giddens' suspicion

WAE v. State

654 So. 2d 193, 1995 WL 228263

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 1303405

Cited 4 times | Published

with loitering and prowling, in violation of section 856.021, Florida Statutes (1993). The appellant entered

Towne v. State

495 So. 2d 895, 11 Fla. L. Weekly 2147

District Court of Appeal of Florida | Filed: Oct 13, 1986 | Docket: 1728790

Cited 4 times | Published

voluntarily. Appellant's arrest was predicated upon Section 856.021, Florida Statutes (1983), which provides: (1)

Towne v. State

495 So. 2d 895, 11 Fla. L. Weekly 2147

District Court of Appeal of Florida | Filed: Oct 13, 1986 | Docket: 1728790

Cited 4 times | Published

voluntarily. Appellant's arrest was predicated upon Section 856.021, Florida Statutes (1983), which provides: (1)

ZP v. State

440 So. 2d 601

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1429946

Cited 4 times | Published

opportunity to explain his presence as required by Section 856.021 Florida Statutes (1981). The state suggests

ALB v. State

399 So. 2d 483

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1652328

Cited 4 times | Published

as to justify their stop of the juvenile, Section 856.021, Florida Statutes (1977); State v. Ecker, 311

Deiches v. Kaney

375 So. 2d 584

District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 1352657

Cited 4 times | Published

of loitering and prowling in violation of Section 856.021, Florida Statutes (1977), and possession of

BAA v. State

333 So. 2d 552

District Court of Appeal of Florida | Filed: May 25, 1976 | Docket: 1290707

Cited 4 times | Published

defendant was arrested and charged with violation of § 856.021, Fla. Stat., in that she did unlawfully loiter

K.H. v. State

8 So. 3d 1155, 2009 Fla. App. LEXIS 2869

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 60305432

Cited 3 times | Published

for loitering and prowling in violation of section 856.021, Florida Statutes (2007).1 At the adjudicatory

DSD v. State

997 So. 2d 1191, 2008 WL 5262709

District Court of Appeal of Florida | Filed: Dec 19, 2008 | Docket: 1721167

Cited 3 times | Published

persons or property located in the vicinity. § 856.021, Fla. Stat. (2007); C.H.S. v. State, 795 So.2d

Mitchell v. State

955 So. 2d 640, 2007 WL 1263966

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1659283

Cited 3 times | Published

of loitering and prowling in violation of section 856.021, Florida Statutes (2005). "There are two elements

Rucker v. State

921 So. 2d 857, 2006 WL 545597

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1756042

Cited 3 times | Published

received on that date. Loitering and Prowling Section 856.021, Florida Statutes (2003), makes it unlawful

Grant v. State

854 So. 2d 240, 2003 WL 22047648

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1459805

Cited 3 times | Published

that warrant concern for the public safety. See § 856.021(1), Fla. Stat. (2000); see also Von Goff v. State

Maples v. State

804 So. 2d 599, 27 Fla. L. Weekly Fed. D 226

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1334800

Cited 3 times | Published

810.02(1) and (2)(A); 784.03, Fla. Stat. [2] § 856.021, Fla. Stat. [3] § 843.02, Fla. Stat. [4] See

Charton v. State

716 So. 2d 803, 1998 WL 390238

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 424645

Cited 3 times | Published

of the loitering and prowling statute, see section 856.021, Florida Statutes (1973), the supreme court

State v. Rivas-Marmol

679 So. 2d 808, 1996 WL 425677

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 2491351

Cited 3 times | Published

1932, Florida Statutes (1993), it did involve section 856.021, Florida Statutes (1979), which required a

TT v. State

572 So. 2d 21, 1990 WL 211741

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 1518884

Cited 3 times | Published

with loitering and prowling in violation of section 856.021, Florida Statutes (1987). T.T. moved for a

State v. Cremer

563 So. 2d 817, 1990 WL 91861

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1281254

Cited 3 times | Published

probable cause to arrest for violation of Florida Statute 856.021; Florida's loitering and prowling statute

Robinson v. State

550 So. 2d 1186, 1989 WL 129791

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 1718291

Cited 3 times | Published

defendant with loitering or prowling under section 856.021(1), Florida Statutes, and with possession of

Ingram v. State

502 So. 2d 529, 12 Fla. L. Weekly 557

District Court of Appeal of Florida | Filed: Feb 18, 1987 | Docket: 1657667

Cited 3 times | Published

arrested appellant for loitering in violation of section 856.021, Florida Statutes (1986). After the arrest

D.A. v. State

471 So. 2d 147, 10 Fla. L. Weekly 1446, 1985 Fla. App. LEXIS 14620

District Court of Appeal of Florida | Filed: Jun 11, 1985 | Docket: 64612666

Cited 3 times | Published

of loitering and prowling, as proscribed by Section 856.021, Florida Statutes (1983), has two distinct

McClamma v. State

138 So. 3d 578, 2014 WL 1871510, 2014 Fla. App. LEXIS 6939

District Court of Appeal of Florida | Filed: May 9, 2014 | Docket: 60240738

Cited 2 times | Published

risk for person or property in the vicinity. See § 856.021, Fla. Stat. (2011). This conduct must occur in

Mills v. State

58 So. 3d 936, 2011 Fla. App. LEXIS 5950, 2011 WL 1565450

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 2361363

Cited 2 times | Published

arrested *939 Mills for loitering and prowling. See § 856.021, Fla. Stat. (2008). There are two elements to

Simms v. State

51 So. 3d 1264, 2011 Fla. App. LEXIS 576, 2011 WL 252317

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60297535

Cited 2 times | Published

Simms for loitering or prowling, we reverse. Section 856.021, Florida Statutes (2008), outlaws loitering

Ferguson v. State

39 So. 3d 551, 2010 Fla. App. LEXIS 10560, 2010 WL 2836127

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2409981

Cited 2 times | Published

that the search was incident to his arrest. Section 856.021(1), Florida Statutes (2008), provides, "It

Hunter v. State

32 So. 3d 170, 2010 Fla. App. LEXIS 4210, 2010 WL 1222625

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1197557

Cited 2 times | Published

a charge of loitering and prowling, under section 856.021, Florida Statutes, the state must prove that

Hollingsworth v. State

991 So. 2d 990, 2008 WL 4414218

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1725146

Cited 2 times | Published

of loitering and prowling in violation of section 856.021, Florida Statutes (2004). The crime of loitering

AF v. State

912 So. 2d 374, 2005 WL 2467066

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1755507

Cited 2 times | Published

safety of persons or property in the vicinity." § 856.021(1), Fla. Stat. (2004).

Nicol v. State

892 So. 2d 1169, 2005 WL 264106

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 472278

Cited 2 times | Published

recognizes that the loitering and prowling statute, section 856.021 of the Florida Statutes, requires the police

LKB v. State

697 So. 2d 191, 1997 WL 400112

District Court of Appeal of Florida | Filed: Jul 18, 1997 | Docket: 1776625

Cited 2 times | Published

call to the police to remedy the situation. See § 856.021, Fla. Stat.; State v. Ecker. Moreover, among the

Freeman v. State

617 So. 2d 432, 1993 WL 130963

District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 1512597

Cited 2 times | Published

safety of persons or property in the vicinity. Section 856.021, Fla. Stat. (1991). Because the offense of

State v. EL

595 So. 2d 981

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1709164

Cited 2 times | Published

Florida's loitering and prowling statute, section 856.021, Florida Statutes (1991), which provides in

Carroll v. State

573 So. 2d 148, 1991 WL 1981

District Court of Appeal of Florida | Filed: Jan 11, 1991 | Docket: 478825

Cited 2 times | Published

defendant under arrest for loitering and prowling, section 856.021, Florida Statutes (1987). When the defendant

LLJ v. State

334 So. 2d 656

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 1309817

Cited 2 times | Published

opportunity, pursuant to the requirements of § 856.021, Fla. Stat. See State v. Ecker, Fla. 1975, 311

LLJ v. State

334 So. 2d 656

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 1309817

Cited 2 times | Published

opportunity, pursuant to the requirements of § 856.021, Fla. Stat. See State v. Ecker, Fla. 1975, 311

Dunn v. City of Boynton Beach

192 F. Supp. 3d 1310, 2016 U.S. Dist. LEXIS 77088, 2016 WL 3256935

District Court, S.D. Florida | Filed: Jun 14, 2016 | Docket: 64309357

Cited 1 times | Published

dispelled the alarm or immediate concern. Fla. Stat. § 856.021. Under these provisions, the elements of the offense

Geoffrey Madge v. State

160 So. 3d 86, 2015 Fla. App. LEXIS 3019, 2015 WL 894340

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 2639009

Cited 1 times | Published

Florida’s loitering and prowling statute, section 856.021-, Florida Statutes (2012), 2 provides

J.S., a Child v. State

147 So. 3d 608, 2014 Fla. App. LEXIS 14005, 2014 WL 4427041

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185582

Cited 1 times | Published

110 So.3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011)). The first element is

W.D. v. State

132 So. 3d 871, 2014 WL 470893, 2014 Fla. App. LEXIS 1418

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238558

Cited 1 times | Published

51 So.3d at 1265; P.R., 97 So.3d at 982. Section 856.021, Florida Statutes (2010), defines loitering

Wright v. State

126 So. 3d 420, 2013 WL 5989268, 2013 Fla. App. LEXIS 18004

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236441

Cited 1 times | Published

have de novo review of the issues of law. Id. Section 856.021(1), Florida Statutes (2009), makes it “unlawful

M.J. v. State

121 So. 3d 1151, 2013 WL 5222391, 2013 Fla. App. LEXIS 14819

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60234346

Cited 1 times | Published

to arrest M.J. for loitering and prowling. Section 856.021, Florida Statutes (2012), provides: “It is

S.K.W. v. State

112 So. 3d 775, 2013 WL 2120259, 2013 Fla. App. LEXIS 7962

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231273

Cited 1 times | Published

disposition of probation for loitering or prowling. See § 856.021(1), Fla. Stat. (2011). Because the evidence is

M.R. v. State

101 So. 3d 389, 2012 Fla. App. LEXIS 19605, 2012 WL 5500505

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60226283

Cited 1 times | Published

disposition of a loitering and prowling charge under section 856.021, Florida Statutes (2010), following an adjudicatory

A.L. v. State

84 So. 3d 1272, 2012 WL 1316545, 2012 Fla. App. LEXIS 5928

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60306655

Cited 1 times | Published

safety of persons or property in the vicinity. See § 856.021(1), Fla. Stat. (2010); State v. Ecker, 311 So

POVIONES v. State

15 So. 3d 599, 2009 Fla. App. LEXIS 6231, 2009 WL 1456728

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1660916

Cited 1 times | Published

prowling was also justified. According to section 856.021(1), Florida Statutes (2004), the elements of

KH v. State

8 So. 3d 1155, 2009 WL 928498

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1654379

Cited 1 times | Published

for loitering and prowling in violation of section 856.021, Florida Statutes (2007).[1] At the adjudicatory

Lugo v. State

992 So. 2d 415, 2008 WL 4571508

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1723474

Cited 1 times | Published

safety of persons or property in the vicinity. § 856.021(1), Fla. Stat. (2004). See also State v. Ecker

GM v. State

981 So. 2d 529, 2008 WL 1809317

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1515577

Cited 1 times | Published

safety of persons or property in the vicinity. § 856.021, Fla. Stat. (2007). G.M. and the others were observed

Kittles v. State

897 So. 2d 517, 2005 WL 475341

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1735355

Cited 1 times | Published

Statutes (2002). Loitering and prowling under section 856.021(1), Florida Statutes (2002) involves conduct

SP v. State

833 So. 2d 267, 2002 WL 31870566

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1258797

Cited 1 times | Published

elements of loitering and prowling as required by section 856.021, Florida Statutes (2001). State v. Ecker, 311

A.D. v. State

817 So. 2d 1027, 2002 Fla. App. LEXIS 7704, 2002 WL 1174269

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 64815529

Cited 1 times | Published

the offense of loitering and prowling under section 856.021, Florida Statutes (2001). For the following

E.C. v. State

724 So. 2d 1243, 1999 Fla. App. LEXIS 653

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 64785850

Cited 1 times | Published

a charge of loitering and prowling, under section 856.021, Florida Statutes, the state must prove that

Adside v. State

722 So. 2d 228, 1998 WL 777451

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1669252

Cited 1 times | Published

(1995). [2] § 810.06, Fla. Stat. (1995). [3] § 856.021, Fla. Stat. (1995). [4] Section 90.404(2) of

D.L.B. v. State

685 So. 2d 1340, 1996 Fla. App. LEXIS 5928, 1996 WL 303085

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 64770260

Cited 1 times | Published

with loitering and prowling, in violation of section 856.021, Florida Statutes (1993), and obstructing or

K.R.R. v. State

629 So. 2d 1068, 1994 Fla. App. LEXIS 23

District Court of Appeal of Florida | Filed: Jan 5, 1994 | Docket: 64745415

Cited 1 times | Published

of loitering and prowling, in violation of section 856.021, Florida Statutes (1991). He argues that the

L.C. v. State

516 So. 2d 95, 12 Fla. L. Weekly 2748, 1987 Fla. App. LEXIS 11433

District Court of Appeal of Florida | Filed: Dec 8, 1987 | Docket: 64631229

Cited 1 times | Published

S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975); § 856.021(1), Fla.Stat. (1985). The defendant’s actions

Watts v. State

447 So. 2d 271

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 2535979

Cited 1 times | Published

of loitering and prowling in violation of section 856.021, Florida Statutes (1981). On appeal to the

Duckens Oxyde v. State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70260695

Published

and manner” of the act(s) at issue, unlike section 856.021(1), Florida Statutes (2023), the loitering

Benny Saintil v. State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793435

Published

of persons or property in the vicinity.” See § 856.021(1), Fla. Stat. (2023); E.F. v. State, 110 So.

United States v. Victor Javier Grandia Gonzalez

Court of Appeals for the Eleventh Circuit | Filed: Jul 19, 2024 | Docket: 68398364

Published

Argued: Apr 16, 2024

loitering and prowling under Florida Statute § 856.021, a misdemeanor. Incident to his arrest

R.A., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795931

Published

of loitering or prowling, 5 as defined in section 856.021, Florida Statutes: (1) It is unlawful

LU JING v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860109

Published

during his investigatory stop pursuant to section 856.021(2), Florida Statutes, which required him to

D.M.B., A CHILD v. STATE OF FLORIDA

254 So. 3d 448

District Court of Appeal of Florida | Filed: Jul 11, 2018 | Docket: 7406908

Published

petition with loitering or prowling under section 856.021, Florida Statutes (2016). In the affidavit

I.G. v. State

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366306

Published

or asking what he was doing, as required by section 856.021. The State contends that I.G. was not under

I.G. v. State

245 So. 3d 897

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 64680202

Published

or asking what he was doing, as required by section 856.021. The State contends that I.G. was not under

Adam Acevedo v. State

200 So. 3d 196, 2016 Fla. App. LEXIS 10461, 41 Fla. L. Weekly Fed. D 1574

District Court of Appeal of Florida | Filed: Jul 8, 2016 | Docket: 4111070

Published

the crime of loitering and prowling. Section 856.021, Florida Statutes (2014), provides: (1)

D. J. E., A Child v. State of Florida

178 So. 3d 78, 2015 WL 6143113

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991556

Published

To prove loitering and prowling under section 856.021, Florida Statutes, the State must show: 1)

Ellis v. State

157 So. 3d 467, 2015 Fla. App. LEXIS 1768, 2015 WL 574010

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633531

Published

The crime of loitering or prowling under section 856.021(1), Florida Statutes (2012), has the following

Perez-Tejon v. State

147 So. 3d 1094, 2014 Fla. App. LEXIS 15287, 2014 WL 4852882

District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1400836

Published

fruit of an illegal search and seizure. Section 856.021 of the Florida Statutes (2007), the loitering

C.C. v. State

137 So. 3d 466, 2014 WL 1225230, 2014 Fla. App. LEXIS 4358

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240326

Published

vicinity.’ ” E.F., 110 So.3d at 104 (quoting § 856.021, Fla. Stat. (2011)). Both elements of the offense

AL v. State

84 So. 3d 1272, 2012 WL 1316545

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 2416793

Published

safety of persons or property in the vicinity. See § 856.021(1), Fla. Stat. (2010); State v. Ecker, 311 So

A.M.O. v. State

67 So. 3d 420, 2011 Fla. App. LEXIS 12499, 2011 WL 3477073

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 60302108

Published

on the application of the last sentence of section 856.021(2), Florida Statutes (2009). The offense allegedly

S.J. v. State

50 So. 3d 102, 2010 Fla. App. LEXIS 19099, 2010 WL 5093189

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60297228

Published

State, 36 So.3d 920, 923 (Fla. 4th DCA 2010). Section 856.021, Florida Statutes, provides, in relevant part:

D.S.D. v. State

997 So. 2d 1191, 2008 Fla. App. LEXIS 19251

District Court of Appeal of Florida | Filed: Dec 19, 2008 | Docket: 64857379

Published

persons or property located in the vicinity. § 856.021, Fla. Stat. (2007); C.H.S. v. State, 795 So.2d

T.R.T. v. State

982 So. 2d 1209, 2008 Fla. App. LEXIS 7253

District Court of Appeal of Florida | Filed: May 23, 2008 | Docket: 64854921

Published

749 So.2d 548, 549 (Fla. 2d DCA 2000) (quoting § 856.021, Fla. Stat. (1995)). The supreme court has warned

TRT v. State

982 So. 2d 1209, 2008 WL 2150930

District Court of Appeal of Florida | Filed: May 23, 2008 | Docket: 1208186

Published

749 So.2d 548, 549 (Fla. 2d DCA 2000) (quoting § 856.021, Fla. Stat. (1995)). The supreme court has warned

G.M. v. State

981 So. 2d 529, 2008 Fla. App. LEXIS 5879

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 64854833

Published

safety of persons or property in the vicinity. § 856.021, Fla. Stat. (2007). G.M. and the others were observed

J.M.C. v. State

956 So. 2d 1235, 2007 Fla. App. LEXIS 7968, 2007 WL 1485768

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 64850794

Published

of loitering or prowling is defined under section 856.021, Florida Statutes (2005): (1) It is unlawful

B.J. v. State

951 So. 2d 100, 2007 Fla. App. LEXIS 3720

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 64849702

Published

for loitering and prowling in violation of section 856.021, Florida Statutes (2005), on the grounds that

Nicol v. State

939 So. 2d 231, 2006 Fla. App. LEXIS 17011, 2006 WL 2918751

District Court of Appeal of Florida | Filed: Oct 13, 2006 | Docket: 64847183

Published

7-Eleven, which he claimed was required by section 856.021(2), Florida Statutes (2001).1 *233At the conclusion

B.A.O. v. State

932 So. 2d 301, 2006 Fla. App. LEXIS 144

District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 64845533

Published

delinquent act of loitering and prowling under section 856.021, Florida Statutes (2003). Because the State

Bao v. State

932 So. 2d 301, 2006 WL 47516

District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 1285796

Published

delinquent act of loitering and prowling under section 856.021, Florida Statutes (2003). Because the State

Mash v. State

920 So. 2d 67, 2005 Fla. App. LEXIS 20372, 2005 WL 3555580

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 64842132

Published

in the vicinity of the loitering and prowling. § 856.021(1), Fla. Stat. (2004); Grant v. State, 854 So

A.F. v. State

912 So. 2d 374, 2005 Fla. App. LEXIS 16031

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 64840610

Published

safety of persons or property in the vicinity." § 856.021(1), Fla. Stat. (2004).

S.P. v. State

833 So. 2d 267, 2002 Fla. App. LEXIS 19176

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64819608

Published

elements of loitering and prowling as required by section 856.021, Florida Statutes (2001). State v. Ecker, 311

Gonzalez v. State

828 So. 2d 496, 2002 Fla. App. LEXIS 15518, 2002 WL 31374772

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 64818301

Published

State v. Ecker, 311 So.2d 104, 106 (Fla.1975)); § 856.021, Fla. Stat. (2002). Assuming that the state es*498tablished

C.H.S. v. State

795 So. 2d 1087, 2001 Fla. App. LEXIS 13407

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 64809036

Published

persons or property located in the vicinity. § 856.021, Fla. Stat. (1999). Alarm is presumed under the

United States v. Darren Demeatrie Gordon

231 F.3d 750

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2000 | Docket: 396149

Published

Florida’s anti- loitering statute (Fla. Stat. § 856.021); evidence seized from Gordon’s car at the time

United States v. Darren Demeatrie Gordon

231 F.3d 750, 2000 U.S. App. LEXIS 26621

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2000 | Docket: 396172

Published

Florida’s anti-loitering statute (Fla. Stat. § 856.021); evidence seized from Gordon’s car at the time

R.M. v. State

754 So. 2d 849, 2000 Fla. App. LEXIS 4170

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64796337

Published

for loitering and prowling in violation of section 856.021, Florida Statutes (1997), and contends that

B.D.K. v. State

743 So. 2d 1155, 1999 Fla. App. LEXIS 13694

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64791910

Published

concern for the safety of persons or property. See § 856.021(2), Fla. Stat. (1997). In the present case, there

J.S.B. v. State

729 So. 2d 456, 1999 Fla. App. LEXIS 3088

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 64787158

Published

failed to establish a prima facie case under section 856.021, Florida Statutes (1997), and the court erred

D.G. v. State

714 So. 2d 644, 1998 Fla. App. LEXIS 9534

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64781878

Published

believe that criminal activity may be underfoot. Section 856.021, Florida Statutes, makes it illegal “for any

R.S. v. State

710 So. 2d 640, 1998 Fla. App. LEXIS 3746, 1998 WL 166229

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 64780844

Published

R.S. for loitering or prowling pursuant to section 856.021, Florida Statutes (1995) and the latter was

L.K.B. v. State

697 So. 2d 191, 1997 Fla. App. LEXIS 8223

District Court of Appeal of Florida | Filed: Jul 18, 1997 | Docket: 64775125

Published

call to the police to remedy the situation. See § 856.021, Fla. Stat.; State v. Ecker. Moreover, among the

Smith v. State

695 So. 2d 864, 1997 Fla. App. LEXIS 6705, 1997 WL 330566

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 64774343

Published

constitutionality of the loitering and prowling statute, section 856.021, and in doing so set out the elements of the

Cox v. State

687 So. 2d 25, 1996 Fla. App. LEXIS 13229, 1996 WL 729753

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64770616

Published

13, Fla. Stat. . § 893.145, Fla. Stat. . § 856.021, Fla. Stat.

Brown v. State

684 So. 2d 265, 1996 Fla. App. LEXIS 12803, 1996 WL 692160

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 64769546

Published

committing the offense of loitering and prowling, section 856.021, Florida Statutes (1995). The state witnesses

McGee v. State

673 So. 2d 186, 1996 WL 252859

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1671281

Published

but only with loitering and prowling under section 856.021, Florida Statutes. The offending act, pursuant

C.D.B. v. State

662 So. 2d 738, 1995 Fla. App. LEXIS 11586

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760071

Published

for loitering or prowling, in violation of section 856.021, Florida Statutes (1993), and placed on community

R.D.W. v. State

659 So. 2d 1193, 1995 Fla. App. LEXIS 8883

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758548

Published

delinquency charging R.D.W. with violating section 856.021, Florida Statutes (1993), the state adduced

Martin v. State

658 So. 2d 1153, 1995 Fla. App. LEXIS 8272, 1995 WL 456250

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 64758137

Published

a founded suspicion of criminal activity. Section 856.021(1), Florida Statutes (1993) makes it unlawful

State v. Lookretis

657 So. 2d 1237, 1995 Fla. App. LEXIS 7315, 20 Fla. L. Weekly Fed. D 1586

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 64757852

Published

A loitering and prowling conviction under section 856.021 requires proof that the defendant was loitering

W.A.E. v. State

654 So. 2d 193, 1995 Fla. App. LEXIS 4031

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 64755877

Published

with loitering and prowling, in violation of section 856.021, Florida Statutes (1993). The appellant entered

State v. Gibbons

617 So. 2d 854, 1993 Fla. App. LEXIS 4994, 1993 WL 143959

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 64695905

Published

things, loitering and prowling in violation of section 856.021, Florida Statutes (1989), the state appeals

Bain v. State

595 So. 2d 590, 1992 Fla. App. LEXIS 3537, 1992 WL 63103

District Court of Appeal of Florida | Filed: Apr 1, 1992 | Docket: 64665960

Published

unlawful loitering or prowling in violation of section 856.021, Florida Statutes (1989), was not adequately

State v. E.L.

595 So. 2d 981, 1992 Fla. App. LEXIS 1805

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 64666093

Published

Florida’s loitering and prowling statute, section 856.021, Florida Statutes (1991), which provides in

G.E.C. v. State

586 So. 2d 1338, 1991 Fla. App. LEXIS 13981, 1991 WL 200772

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 64662149

Published

arrest G.E.C. for “loitering or prowling.” Section 856.021 makes it “unlawful for any person to loiter

Lester v. State

584 So. 2d 652, 1991 Fla. App. LEXIS 8198, 1991 WL 161735

District Court of Appeal of Florida | Filed: Aug 23, 1991 | Docket: 64660974

Published

him for loitering and prowling, a misdemeanor. § 856.021, Fla.Stat. (1989). The subsequent search of his

Woody v. State

581 So. 2d 966, 1991 Fla. App. LEXIS 5721, 1991 WL 110456

District Court of Appeal of Florida | Filed: Jun 19, 1991 | Docket: 64659859

Published

here used the loitering and prowling statute, section 856.021, Florida Statutes (1989), as a catchall provision

T.T. v. State

572 So. 2d 21, 1990 Fla. App. LEXIS 9814

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 64655408

Published

with loitering and prowling in violation of section 856.021, Florida Statutes (1987). T.T. moved for a

State v. Brown

562 So. 2d 408, 1990 Fla. App. LEXIS 4101, 1990 WL 77269

District Court of Appeal of Florida | Filed: Jun 6, 1990 | Docket: 64650951

Published

question whether Freeman was in violation of section 856.021, Florida Statutes (1989). The state distinguishes

C.V.H. v. State

557 So. 2d 927, 1990 Fla. App. LEXIS 1410, 1990 WL 20392

District Court of Appeal of Florida | Filed: Mar 8, 1990 | Docket: 64648660

Published

with loitering and prowling, in violation of Section 856.021, Florida Statutes (1987). C.V.H. moved for

Lucien v. State

557 So. 2d 918, 1990 Fla. App. LEXIS 1298, 1990 WL 20128

District Court of Appeal of Florida | Filed: Mar 7, 1990 | Docket: 64648656

Published

safety of persons or property in the vicinity. § 856.021, Fla.Stat. (1987). The failure to provide identification

Addis v. State

557 So. 2d 84, 1990 Fla. App. LEXIS 550, 1990 WL 6497

District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 64648402

Published

establish a loitering and prowling violation under Section 856.021, Florida Statutes (1987), there must be sufficient

V.E. v. State

539 So. 2d 1170, 14 Fla. L. Weekly 689, 1989 Fla. App. LEXIS 1317

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 64641052

Published

offense of loitering and prowling as required by section 856.021, Florida Statutes (1987). The first statutory

Haggerty v. State

537 So. 2d 688, 14 Fla. L. Weekly 276, 1989 Fla. App. LEXIS 294, 1989 WL 4301

District Court of Appeal of Florida | Filed: Jan 26, 1989 | Docket: 64640064

Published

conditions of her probation, and violation of section 856.021 (the loitering and prowling statute). The Affidavit

E.B. v. State

537 So. 2d 148, 14 Fla. L. Weekly 129, 1989 Fla. App. LEXIS 44

District Court of Appeal of Florida | Filed: Jan 6, 1989 | Docket: 64639930

Published

possession of burglary tools. Conviction under section 856.021, Florida Statutes (1987) requires proof that:

T.L.F. v. State

536 So. 2d 371, 14 Fla. L. Weekly 89, 1988 Fla. App. LEXIS 5774

District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 64639505

Published

State, 481 So.2d 975 (Fla. 3d DCA 1986). See § 856.021, Fla.Stat. (1987). In this ease, the officers

Williams v. State

517 So. 2d 120, 13 Fla. L. Weekly 100, 1987 Fla. App. LEXIS 11840

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 64631660

Published

and loitering and prowling, in violation of Section 856.021(1), Florida Statutes (1985). The latter conviction

Hurst v. State

464 So. 2d 534, 1985 Fla. LEXIS 3183, 10 Fla. L. Weekly 84

Supreme Court of Florida | Filed: Jan 24, 1985 | Docket: 64610314

Published

Florida’s loitering and prowling statute, section 856.021, Florida Statutes (1981), after Kolender v

State v. Rash

458 So. 2d 1201, 9 Fla. L. Weekly 2380, 1984 Fla. App. LEXIS 16569

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 64608183

Published

with loitering and prowling in violation of section 856.021, Florida Statutes (1983). They moved to dismiss

Driscoll v. State

458 So. 2d 1188, 9 Fla. L. Weekly 2389, 1984 Fla. App. LEXIS 15917

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 64608178

Published

this case was clearly of a custodial type. Section 856.021(2), Florida Statutes (1983), requires an officer

L.S. v. State

453 So. 2d 545, 9 Fla. L. Weekly 1730, 1984 Fla. App. LEXIS 14569

District Court of Appeal of Florida | Filed: Aug 7, 1984 | Docket: 64606149

Published

delinquency based on loitering and prowling. § 856.021, Fla.Stat. (1981). Our review of the record reveals

T.J. v. State

452 So. 2d 107, 1984 Fla. App. LEXIS 13938

District Court of Appeal of Florida | Filed: Jun 5, 1984 | Docket: 64605629

Published

safety of persons or property in the vicinity. § 856.021(1), Fla. Stat. (1981). At this point, the officer

State v. Hurst

448 So. 2d 612, 1984 Fla. App. LEXIS 12729

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 64604227

Published

the Florida loitering and prowling statute, Section 856.021, Florida Statutes (1981), as upheld in State

V.S. v. State

446 So. 2d 232, 1984 Fla. App. LEXIS 12118

District Court of Appeal of Florida | Filed: Mar 6, 1984 | Docket: 64603276

Published

adjudication of delinquency for violation of section 856.021, Florida Statutes (1981), and possession of

Z.P. v. State

440 So. 2d 601, 1983 Fla. App. LEXIS 24156

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 64600653

Published

opportunity to explain his presence as required by Section 856.021 Florida Statutes (1981). The state suggests

B.R.S. v. State

404 So. 2d 194, 1981 Fla. App. LEXIS 21196

District Court of Appeal of Florida | Filed: Oct 1, 1981 | Docket: 64585252

Published

delinquency for loitering and prowling, contrary to Section 856.021 (1979), Florida Statutes. We agree with the

A.L.B. v. State

399 So. 2d 483, 1981 Fla. App. LEXIS 20168

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 64583044

Published

as to justify their stop of the juvenile, Section 856.021, Florida Statutes (1977); State v. Ecker, 311

Holloway v. State

393 So. 2d 1185, 1981 Fla. App. LEXIS 18676

District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 64580393

Published

count. However, both loitering, a violation of section 856.021, Florida Statutes (1979), and petit theft,

United States v. Warren

499 F. Supp. 664, 1980 U.S. Dist. LEXIS 14366

District Court, S.D. Florida | Filed: Oct 17, 1980 | Docket: 66153475

Published

loitering and prowling, an offense defined in Fla. Stat. 856.021 (1972). At the same time, Askew was investigating

B. A. A. v. State

356 So. 2d 304, 1978 Fla. LEXIS 4735

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 64563374

Published

Florida’s loitering and prowling statute, Section 856.021, Florida Statutes. We have conflict certiorari

S. F. v. State

354 So. 2d 474, 1978 Fla. App. LEXIS 15163

District Court of Appeal of Florida | Filed: Jan 31, 1978 | Docket: 64562525

Published

prosecution for loitering and prowling under Section 856.021, Florida Statutes (1975),-for the state to

State v. Strickland

337 So. 2d 959

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 64555285

Published

granting a motion to dismiss on the ground that Section 856.021, Florida Statutes (1975), is unconstitutionally

L. L. J. v. State

334 So. 2d 656, 1976 Fla. App. LEXIS 13809

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 64554410

Published

opportunity, pursuant to the requirements of § 856.021, Fla.Stat. See State v. Ecker, Fla. 1975, 311

B. A. A. v. State

333 So. 2d 552, 1976 Fla. App. LEXIS 15185

District Court of Appeal of Florida | Filed: May 25, 1976 | Docket: 64554115

Published

defendant was arrested and charged with violation of § 856.021, Fla.Stat., in that she did unlawfully loiter

Wilt v. State

333 So. 2d 556, 1976 Fla. App. LEXIS 15186

District Court of Appeal of Florida | Filed: May 25, 1976 | Docket: 64554116

Published

of loitering or prowling pursuant to Fla.Stat. § 856.-021. On this appeal, it is urged that the evidence

State v. Williams

315 So. 2d 449, 1975 Fla. LEXIS 3635

Supreme Court of Florida | Filed: Jul 2, 1975 | Docket: 64547956

Published

basis that the Florida loitering statute, Section 856.021, Florida Statutes, is unconstitutional. The

Brown v. State

314 So. 2d 129, 1975 Fla. LEXIS 3295

Supreme Court of Florida | Filed: Jun 11, 1975 | Docket: 64547189

Published

found guilty of loitering, in violation of Section 856.021, Florida Statutes. He was sentenced to time